Network Neutrality

In his new book “Techlash: Who Makes The Rules In The Digital Age?”, former Federal Communications Commission Chairman Tom Wheeler says regulators have failed to rein in Big Tech because they’re using outdated tools. Call it something like “regulatory futurism”—Wheeler is saying now is the time for the government to get innovative by setting up new agencies with wide-reaching powers to determine what is and isn’t in the public’s best interest when it comes to tech.

NCTA: The Internet & Cable Association President and CEO Michael Powell used an opening session at his industry’s annual tech trade show to launch a full-throated, very libertarian-leaning counter-offensive to the Federal Communications Commission's plan to reinstate net neutrality rules.

The Federal Communications Commission launched a new proceeding on restoring open internet protections for consumers and businesses. The FCC also will seek comment on proposals to ensure broadband services have effective oversight. If the proposals are adopted after the public comment period and review of that record, the FCC would once again be permitted to protect internet openness and competition, protect broadband networks from national security threats, and address public safety needs like internet outages.

1. Broadband is essential: A lot has changed since the previous Federal Communications Commission repealed net neutrality. A devastating pandemic reaffirmed the essential nature of broadband access to protect the health and economic security of all Americans.
2. Abdicated oversight: The 2017 FCC approach was not “light touch.” It was a complete abdication of authority.
3. Targeted approach: Chairwoman Rosenworcel’s approach is targeted, not heavy-handed.

The Federal Communications Commission will begin implementing President Biden’s plan for increasing government control of the Internet. There will be lots of talk about “net neutrality” and virtually none about the core issue before the agency: namely, whether the FCC should claim for itself the freewheeling power to micromanage nearly every aspect of how the Internet functions—from the services that consumers can access to the prices that can be charged. The entire debate over whether Title II regulations are necessary or justified was settled years ago.

The Federal Communications Commission is heading into the next round of Washington’s longest-running fight over technology policy. On Oct. 19 the agency is slated to take a preliminary vote to reassert its authority to regulate broadband providers, clearing the way to pass a version of the net neutrality rules that it eviscerated during the Trump administration.

Federal Communications Commission Chairwoman Jessica Rosenworcel announced her plan to restore the agency’s rightful authority to protect internet users. To undermine this effort, the industry has cranked up its Title II myth machine.

The Supreme Court has agreed to hear a case in early 2024 that could impact how much regulatory discretion the FCC has over the communications industry. The court agreed to hear the case of Relentless Inc., et al. v. Dept. of Commerce, et al. The case is about a federal rule requiring fishing companies to pay for government monitoring of their herring catches.

The Benton Institute for Broadband & Society, Public Knowledge, Free Press, the United Church of Christ, OC, Inc. Leadership Conference, USC Gould School of Law and Office of the County Counsel, and the County of Santa Clara spoke with Federal Communications Commission General Counsel staff on Oct. 5, 2023, regarding net neutrality.

Federal Communications Commissioner Brendan Carr released a fact sheet discussing the reclassification of broadband as a Title II telecommunications service. "Following President Biden’s call for the FCC to apply utility-style controls to the Internet under Title II of the Communications Act of 1934, the Federal Communications Commission announced it will begin implementing that plan at its October 19 Open Commission Meeting," said the memo.