Network Neutrality

On January 20, John G. Roberts, Jr., the Chief Justice of the United States Supreme Court, swore in President Joseph R. Biden, Jr. In the (few) hours since, President Biden has been very busy. On Thursday, we learned who will be heading the key agencies with jurisdiction over broadband as President Biden named the acting leaders of the Federal Communications Commission, the National Telecommunications and Information Administration, and the Federal Trade Commission. Here's a look at all three.

Social-media giants are under attack for censorship, but a few years ago they positioned themselves as champions of free speech. At issue was “net neutrality,” the Obama-era policy that treated internet service providers like Comcast and AT&T as common carriers—akin to the old Ma Bell monopoly—by prohibiting them from discriminating among content providers, including the social-media sites. Facebook and Twitter turned out to be more threatening than under threat.

President-elect Joe Biden is set to have a very different relationship with the tech industry from when he served as vice president. Tech companies have grown more powerful over the past four years — and more perilous. They have continued to amass data and wealth. But they have been used as tools for election interference and disinformation, contributing to the divide in the nation.

I’d like to walk you through four of the most challenging calls I had to make over the past four years: The Restoring Internet Freedom Order, designating the Sinclair/Tribune transaction for a hearing to resolve the disputed issues, granting Ligado's wireless application with conditions, and organizing 5G/C-Band auctions. 

Rep. Anna Eshoo (D-CA-18) and 13 members of California’s congressional delegation sent a letter to Attorney General-designate Merrick Garland urging him to withdraw the US federal government’s lawsuit against the State of California over its net neutrality law as one of the first actions after the inauguration. “With the new Administration, we have an opportunity to restore the damage the Trump FCC has done to the free and open internet in the last four years,” said Rep.

A North Idaho internet provider, Your T1 WIFI, confirmed it is blocking Facebook and Twitter from its WIFI service for some customers. The move comes after Twitter and Facebook banned President Donald Trump from their platforms due to incitement of violence and undermining the transition of power to President-elect Joe Biden. Because Twitter and Facebook are private companies, their bans on the Pre

• Net Neutrality: A Democratic Federal Communications Commission will likely first move to reclassify broadband as a service under Title II of the Communications Act. That will allow it to restore rules requiring Internet service providers to treat all internet traffic equally, and take other actions to regulate broadband providers’ business practices amid the Covid-19 pandemic. 

 A new empirical study of net neutrality regulations in 32 Organisation for Economic Co-operation and Development (OECD) countries found that the regulations suppress broadband subscriptions and investment in fiber optics. What’s the bottom line? If the Joe Biden administration is serious about following science, it won’t try to resuscitate net neutrality. And hopefully Federal Communications Commission Chairman Ajit Pai’s investment in economics at the FCC will lead a Biden FCC to be more evidence-based in its decision-making than the last Obama FCC.

As Federal Communications Commission Chairman Ajit Pai prepares to step down on Jan. 20, there are more than a few lessons the incoming Biden administration could learn from his tenure at the agency.

Urged on by broadband giants such as Charter Communications, Senate Majority Leader Mitch McConnell (R-KY) is pushing to confirm a Republican to the Federal Communications Commission. However, Majority Leader McConnell’s goal seems to extend further: creating a deadlocked Biden FCC 2–2, then blocking confirmation of a third Democrat. What Majority Leader McConnell intends as a gift to his corporate patrons could turn into a nightmare for them.