Network Neutrality

Lobbying groups representing broadband internet access service providers—including ACA Connects, NCTA, CTIA and USTelecom—dropped their challenge of a federal district court's ruling upholding California's net neutrality law. The ISPs had already lost a federal district court challenge to the law and two appeals court efforts to block enforcement. The suit was dismissed without prejudice, which means ISPs could refile it if they chose.

Days after a federal appeals court decision left in place a California law that protects net neutrality in the state, more than half of registered voters said that they supported such protections, a new Morning Consult/Politico survey found. That support has remained relatively stable for several years, even after the repeal of federal rules. Among all voters, 55 percent said they supported laws that protect net neutrality, which prevents internet service providers from blocking, throttling or prioritizing certain content.

The 9th US Circuit Court of Appeals will not reconsider its decision in January to uphold California's net neutrality law. California's 2018 law barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, but it only took effect in 2021.

President Biden's Supreme Court nominee Ketanji Brown Jackson hinted she may be open to a more expansive reading of antitrust laws during her confirmation hearing in front of the Senate Judiciary Committee on March 23.

March 16 was the 12th anniversary of the release Federal Communications Commission’s National Broadband Plan (NBP). In March of 2010, the FCC responded to Congress’s direction to develop a plan for broadband with the intent to ensure every American has “access to broadband capability.” This proposal was assembled with input across 36 public workshops, 31 public notices, 9 public hearings, and approximately 23,000 comments from more than 700 parties.

Now that Democrats are back in charge of the White House, the issue of net neutrality and the threat of rate regulation has surfaced again. The big internet service providers (ISPs) have been trying to derail or delay confirmation of Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] as the fifth Federal Communications Commissioner because they know that one of the first actions of the FCC under Chairman Jessica Rosenworcel will be to reintroduce Title II regulation.

With the closure of the National Telecommunications and Information Administration (NTIA)’s public feedback period on how best to allocate an upcoming $48 billion in broadband infrastructure grants, here are some key comments Politico noticed:

"Democratic leadership repeatedly said that if Democrats took control of the Senate they would move quickly to get the Federal Communications Commission back to work protecting the public," said Fight for the Future Evan Greer in a letter to Sen Chuck Schumer (D-NY)."But Senator Maria Cantwell (D-WA), in her role as chair of the Senate Commerce Committee, has been actively and egregiously preventing Democrats from making good on those promises.

Cable and telecommunications internet service providers are pushing back on Democratic Federal Communications Commission nominee Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society]'s promise to recuse herself from some issues if confirmed. They‘re suggesting such an offer signals a wider problem with which issues she would or should be weighing in on, and what impact that would have on the agency and the industry.