Regulatory classification

President Joe Biden wants net neutrality regulations back on the books. In his executive order on competition, Biden urged the Federal Communications Commission to restore Obama-era net neutrality rules and to take other measures to promote broadband competition, including asking the FCC to require broadband companies to provide transparency on pricing. Net neutrality supporters applauded the executive order and calls for the FCC to restore net neutrality protections.

Congress is about to make critical decisions about the future of internet access and speed in the United States. It has a potentially once-in-a-lifetime amount of funding to spend on broadband infrastructure, and at the heart of this debate is the minimum speed requirement for taxpayer-funded internet. It’s easy to get overwhelmed by the granularity of this debate, but ultimately it boils down to this: cable companies want a definition that requires them to do and give less, one that will not meet our needs in the future.

The decades of US redlining represent a form of systematic racism that has denied generations of Black communities the kind of opportunities many other Americans enjoy, and the fear is it's happening again with broadband internet service. Big providers, when deciding where to invest the money to upgrade their networks, often focus on wealthier parts of cities and shun low-income communities. Fiber connections are expensive, and internet service providers are hesitant to expand unless they expect a return on their investment.

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.

Google and Amazon defended their smart-speaker businesses as US senators warned the grip the companies have over the market could harm competition and consumer privacy. Both Republicans and Democrats at a June 15 hearing raised concerns about what they said were anticompetitive practices, such as selling devices below cost and promoting companies' own services over those of competitors on their platforms. Representatives from Google and Amazon argued that they prevent this by offering an optional range of rival voice-assistant services on their own devices.

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.

Sens John Thune (R-SD), Richard Blumenthal (D-CT), Jerry Moran (R-KS), Marsha Blackburn (R-TN), Brian Schatz (D-HI), and Mark Warner (D-VA) reintroduced the Filter Bubble Transparency Act (S.2024). The bill would require large-scale internet platforms that collect data from more than 1 million users and gross more than $50 million per year to provide greater transparency to consumers, and allow users to view content that has not been curated as a result of a secret algorithm. 

For decades, policymakers in Washington and state capitals have fretted about the patchwork of broadband access in the United States, which has held back economic development in underserved areas and became a major problem during the pandemic. Now, after years of federal subsidies that have improved but not solved the problem, the Biden administration is proposing to spend $100 billion over the next eight years to finally connect every American household to high-speed internet. But solving the problem isn’t just a matter of cutting a big check to fund the installation of fiber pipelines.

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.