Network Neutrality

President Joe Biden will encourage the Federal Communications Commission to reinstate net neutrality rules and make it easier for consumers to comparison shop for internet service as part of a wide-ranging executive order expected to be signed July 9. The White House wants internet service providers to offer a "broadband nutrition label" detailing their internet packages to give consumers more transparency when they're buying service. The executive order will also encourage the FCC to reinstate net neutrality rules prohibiting the blocking, throttling or paid prioritization of web traffic t

The broadband industry says that a New York state ruling against requiring broadband providers to offer $15-a-month service to low-income households supports its quest to block California's net neutrality law. The California law prohibits broadband providers from blocking or throttling content, charging higher fees for prioritized delivery, and exempting certain data from customers' monthly caps.

President Joe Biden's failure to break the Federal Communications Commission's 2-2 partisan deadlock is reaching a "critical point," 57 advocacy groups wrote in a letter to Biden and Vice President Kamala Harris. Nearly five months after his inauguration, Biden has not yet nominated a Democratic FCC commissioner to fill the empty fifth slot.

Sen Roger Wicker (R-MS) introduced the Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard (PRO-SPEECH) Act (S.2301). This bill would establish baseline protections to prohibit Big Tech from engaging in unfair, deceptive, or anti-competitive practices that limit or control consumers’ speech. The PRO-SPEECH Act aims to:

On March 10, Benton Senior Fellow and Public Advocate Gigi Sohn joined Womble Bond Dickinson’s Womble PRIDE, an affinity group for the firm’s LGBTQ+ team members and allies, and the National LGBT+ Bar Association for an in-depth look at how the Biden administration may reshape the communications landscape. Sohn discussed network neutrality under President Joe Biden, Section 230, and closing the digital divide.

A broad array of advocacy groups, along with 19 attorneys general, other public officials, and tech companies including Mozilla are urging a federal appellate court to uphold California's network neutrality law. The advocacy groups are weighing in on a battle over a California state law that prohibits broadband providers from blocking or throttling traffic, charging higher fees for prioritized delivery, and from exempting certain material from customers' data caps.

One policy issue that has haunted every Federal Communications Commission in the past decade, and then some, is net neutrality. That’s the idea that internet service providers have to treat all content equally and can’t slow down or charge more for certain kinds of content. Rules have ping-ponged between administrations. Obama’s FCC put neutrality rules in place in 2015 and Trump’s appointee repealed them in 2017. New Acting FCC Chairwoman Jessica Rosenworcel supports net neutrality rules. She said, "I think things are always sturdier when they’re written into law.

This report is the product of an extensive investigation by the New York Office of the Attorney General (OAG) of the parties that sought to influence the Federal Communications Commission’s 2017 proceeding to repeal the agency’s net neutrality rules. In the course of that investigation, the OAG obtained and analyzed tens of thousands of internal emails, planning documents, bank records, invoices, and data comprising hundreds of millions of records. Our investigation confirmed many contemporaneous reports of fraud that dogged that rulemaking process.

California is urging a federal appeals court to leave in place a state net neutrality law that broadly prohibits broadband carriers from blocking or throttling traffic and from charging higher fees for prioritized delivery. “Congress has not established a federal regulatory regime that bars the states from taking steps to safeguard access to something as essential as the Internet,” California Attorney General Rob Bonta argues in papers filed with the 9th Circuit Court of Appeals.

California’s 2018 net neutrality law, SB-822, recently went into effect and concerns have been already raised about the legality of “zero-rating,” the practice by which commercial arrangements and unilateral decisions by network operators are exempted from consumer pricing. Under California’s net neutrality law, zero-rating and sponsored data programs violate the new law because certain content cannot be excluded from consumer data caps, or usage-based pricing. Turner Lee offers the following recommendations to state and federal leaders: