Regulatory classification

Sen.

How do we ensure that broadband service providers enable access to all lawful content and applications regardless of the source, and without favoring or blocking particular products or websites? This now-decades-long debate added a new chapter this week when Judge John Mendez of the U.S.

A Q&A with New York Times reporter Cecilia Kang. Why does the net neutrality fight matter? Many Americans have only one or possibly two options for home internet providers. Those companies can in theory decide whether we can view Netflix or YouTube crystal clear or if we see the pinwheel of death as those sites stutter.

In 2017, the broadband industry appeared to win its battle against net neutrality. Under the Trump administration, the US Federal Communications Commission rolled back rules that barred internet service providers from blocking or slowing down traffic to certain websites or charging some sites a fee for preferential treatment. Net neutrality was, effectively, dead. But the regulatory change turned out to be a Pyrrhic victory for telecom companies.

The ongoing challenge of regulatory oversight in an era of rapid technological change is to maintain the flexibility to deal with unanticipated developments. What is essential for the future of meaningful net neutrality, therefore, is the agility to adjust to new technology and new marketplace behaviors.

California may soon begin enforcing its first-in-the-nation net neutrality law after a federal judge ruled against broadband providers that had sought to scuttle the state’s open-Internet safeguards.

Federal Communications Commission Acting Chairwoman Jessica Rosenworcel didn't make any big news at her first post-meeting press conference Feb 17, but she did confirm that she is still a fan of network neutrality rules and no fan of the Trump Administration petition to the FCC to regulate social media using Sec. 230. With the commissioner currently at a 2-2 political tie, she pointed out that will obviously have an impact on big ticket items. Chairwoman Rosenworcel pointed out that she had made it clear she did not favor FCC action the Sec.

Federal Communications Commissioner Brendan Carr said he is committed to pushing for permanent principles for broadband and data regulation. And he would like to see those principles — including how the FCC should operate and regulate — insulated from political swings every election by codifying them in law. Noting the long-lasting effects of the pandemic, he said people are looking for stability and long-term solutions for the digital divide.

While the present day may not be perfect, I don’t think anyone disputes that we have fulfilled the promise of the deregulatory era. Prior to the Telecom Act, it was far from a foregone conclusion that we would graduate to a more efficient, competitive system. A change in national direction could have sent us back to the incumbent-driven system of midcentury. Instead, we came together, chose the free market and a light regulatory touch, and a quarter century of transformative innovation speaks to the wisdom of this choice.

President Joe Biden's presence in the Oval Office over the next four years will have a major influence on the tech sector, including infrastructure policy on broadband deployment and national security issues involving Chinese tech companies. The president and his team will also play a role in how to handle the growth and influence of social media giants.