Network Neutrality

The debate around “net neutrality” is back, only this time there is even less chance that the matter will be settled for good. Consumers’ online rights still need protection, and restoring them for an open internet is worthwhile. Those pointing to internet service providers’ (ISP) “good behavior” are being disingenuous at best. The 2018 decision to reverse the Federal Communications Commission's earlier net neutrality rule was being challenged in court until 2020, by which point several states had set up or had in motion their own net neutrality regulations in the absence of a federal one.

Net neutrality regulations have been dead for years, and they should stay that way. Unfortunately, the Federal Communications Commission has moved to reopen and re-litigate the issue. FCC Chairwoman Jessica Rosenworcel has initiated a new rule-making that would enact what are largely the same net neutrality rules tried back in 2016. The law has changed and markets have changed, and yet the arguments for and against net neutrality have largely remained the same.

When Federal Communications Commission Chairwoman Jessica Rosenworcel unveiled plans to restore net neutrality, she said reinstating the rule would “give the FCC and its national security partners the tools needed to defend our networks from potential security threats.” The rule—which gives the agency broad powers to regulate internet service as a utility, akin to water or electricity—hasn’t historically been invoked fo

Europe’s biggest telecommunications companies have called on the European Union to compel Big Tech to pay a “fair” contribution for using their networks, the latest stage in a battle for payments that has pitched the sector against companies such as Netflix and Google. Technology companies that “benefit most” from telecommunications infrastructure and drive traffic growth should contribute more to costs, according to the chief executives of 20 groups including BT, Deutsche Telekom and Telefónica.

Asked about net neutrality, Verizon Business CEO Kyle Malady said the Federal Communications Commission has flipped back and forth on the issue over the years. In his view net neutrality wasn’t needed before it was instituted, it wasn’t missed after it was revoked, and it still isn’t needed.

While the proposal I made to restore net neutrality will certainly garner the most attention, the Federal Communications Commission's October agenda features many other actions to promote digital equity and support broadband-powered innovation:

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"The internet’s open design is revolutionary," said Federal Communications Commission Chairwoman Jessica Rosenworcel. "It means creating without permission, building community beyond geography, organizing without physical constraints, consuming content you want when and where you want it, and cultivating ideas not just around the corner but around the world...I believe it is essential that we sustain this foundation of openness—and that is why, for as long as I have served on the FCC, I have supported net neutrality."

Federal Communications Commission Chairwoman Jessica Rosenworcel proposed that the FCC take the first procedural steps toward reaffirming rules that would treat broadband internet service as an essential service for American life. As work, healthcare, education, commerce, and so much more have moved online, no American household or business should need to function without reliable internet service. This was especially true during the pandemic.

Anna Gomez is the newest, and fifth, Commissioner at the Federal Communications Commission. This may allow the FCC to pursue a Democratic agenda to tackle various issues:

Senators Edward Markey (D-MA) and Ron Wyden (D-OR) led 25 of their Senate colleagues in writing to Chairwoman Jessica Rosenworcel of the Federal Communications Commission (FCC) to expeditiously reclassify broadband as a telecommunications service under Title II of the Communications Act and restore net neutrality protections. Doing so will allow the FCC to effectively protect consumers from harmful practices online, promote affordable access to the internet, enhance public safety, increase marketplace competition, and take other important steps to benefit our nation’s digital future.