Network Neutrality

The US Ninth Circuit Court of Appeals dealt internet service providers (ISP) groups a blow, as a three-judge panel upheld the state of California’s right to implement its own net neutrality rules. Analysts at New Street Research tipped the decision to prompt more state action on the issue; Blair Levin of New Street Research argued the ruling opens the door for states with similar views on net neutrality to pass their own regulations.

This is the right decision. It will ensure that the people of California will continue to have unfettered internet access, blocks internet providers from discriminating against websites for financial or political gain, and reduces the chance that their customers will be ripped off.

The 9th Circuit Court of Appeals upheld California’s net neutrality law, rejecting an attempt by telecommunications industry groups to prevent the state from enforcing it. The court upheld a previous ruling, which means the status quo stays and the state can continue to enforce the law. This means California can continue its ban on internet providers slowing down or blocking access to websites and applications that don’t pay for premium service. California's net neutrality law was signed by former Gov Jerry Brown (D-CA) in 2018.

A new chapter in the ongoing saga of net neutrality and who governs the internet will take shape over the next year thanks to another shift in power at the Federal Communications Commission. With new appointees from President Joe Biden firming up a Democratic majority at the agency, reinstating Obama-era net neutrality rules thrown out under the Trump administration will be a top priority for the FCC. In late 2021, Biden named Jessica Rosenworcel the permanent chair of the FCC.

Federal Communications Commission Chairwoman Jessica Rosenworcel responded to House Republicans' letter regarding state and federal net neutrality laws. The GOP letter—dated April 16, 2021 and led by Reps Cathy McMorris Rodgers (R-WA) and Bob Latta (R-OH) as well as 24 others—addressed the Justice Department's withdrawal of its 2018 lawsuit against California for passing its own net neutrality regulations and Rosenworcel's support of the decision.

Net neutrality is making a comeback. President Biden, who was vice president under former President Barack Obama when the Federal Communications Commission voted in favor of net neutrality in 2015, has made clear that, if he gets his way, the Trump administration’s efforts to unwind the rules won’t stand. He has a fight ahead of him. Biden started by hiring Tim Wu, the person credited with popularizing the term net neutrality, to work on tech and competition at the National Economic Council.

Gigi Sohn, President Biden's nominee for the Federal Communications Commission, told Sen.

In March 2021, Recon Analytics conducted a demographically representative survey of 1,000 Americans using internet and cell phones, asking them about their opinions and attitudes around universal access, funding mechanisms, conduct, and usage. When it comes to broadband in the US, Americans overwhelmingly support two ideas. First, they agree that fast broadband should be available to every American at prices they can afford.

The Senate voted 68-31 to confirm Federal Communications Commission Chair Jessica Rosenworcel, the first woman to hold that title, to another five-year term, narrowly avoiding a Republican majority at the agency once her current term was set to expire at the end of 2021. Rosenworcel will be tasked with expanding broadband connectivity, supporting 5G implementation and bringing back net neutrality rules.

The Senate Commerce Committee held a hearing to consider the nominations of Gigi Sohn to be a commissioner on the Federal Communications Commission and Alan Davidson to head the National Telecommunications and Information Administration. Sohn has a history of advocating for open and affordable communications networks. She is a distinguished fellow at the Georgetown Law Institute for Technology Law & Policy and a Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society.