Network Neutrality

Senators Edward Markey (D-MA) andRon Wyden (D-OR) along with Representative Doris Matsui (D-CA-06) introduced the Net Neutrality and Broadband Justice Act, legislation that would accurately classify broadband internet access as a telecommunications service under Title II of the Communications Act, giving the Federal Communications Commission the appropriate authority to reinstate net neutrality protections. The COVID-19 pandemic has made clear the present need to promote an accessible and just broadband future, with students having spent upwards of two years studying online, entrep

The cost for broadband service in the United States is high, and getting higher. In most metropolitan areas of the United States, residents are lucky to have two competing providers from which to choose. A third player in large metro markets is rare, but it's been seen before. The US bishops have argued for greater internet access for all. The US Conference of Catholic Bishops, during the coronavirus pandemic, was a member of an informal coalition that sought to expand access to the internet in unserved and underserved areas.

It’s been 18 months since President Joe Biden was inaugurated. Yet restoring crucial net neutrality rules that are the foundation for an open internet continues to languish in Washington (DC). The problem stems from Democratic lawmakers’ inability to confirm Biden’s nominee, Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society], to the Federal Communications Commission. She is needed to break the 2-2 deadlock on the FCC that continues to block action on net neutrality and broadband privacy regulations.

Net neutrality and the rest of President Joe Biden's broadband agenda hang in the balance as the president's nominee for the deadlock-breaking fifth commissioner on the Federal Communications Commission awaits a vote in the US Senate. But the process has stalled for nine months and time is running out. Gigi Sohn, a longtime public-interest advocate and former FCC adviser, was nominated in October 2021 to be the third Democrat at the agency.

One of the strange features of American government is that an 82-year-old’s broken hip can cause a sea change in telecom policy. The 82-year-old in question is Sen Patrick Leahy (D-VT), who had surgery after a fall and is said to be resting comfortably. But while Leahy recuperates, he won’t be able to cast votes and Democrats won’t be able to flex their razor-thin Senate majority — which could cost the administration its last chance to institute net neutrality rules. The temporary stalemate caused by Leahy’s recovery has lots of downstream effects.

For most people, the Supreme Court’s decision in West Virginia v. Environmental Protection Agency was about environmental policy and what the Environmental Protection Agency can still do to cut carbon emissions. For a smaller subset, mostly lawyers, W. VA v. EPA was an important (but confusing) administrative law case what we will spend a bunch of time arguing about how to apply to agencies generally.

The Biden Administration's loss in a Supreme Court ruling involving the Environmental Protection Agency's ability to regulate power plants could be a victory for internet service providers (ISPs)' arguments that the Federal Communications Commission was outside its regulatory lane when it reclassified internet access as a Title II common carrier service subject to open access and other requirements and imposed new neutrality rules.

A large, bipartisan majority of Americans (73%) support reinstating net neutrality, including 82% of Democrats, 65% of Republicans, and 68% of Independents. Support for net neutrality, while very high now, is a bit lower than in 2017 and 2018 when net neutrality was in place voters were asked about repealing it (83% and 86% respectively).  This drop may be due to what social scientists