Regulatory classification

The tussle over "network neutrality" started 20 years ago in Portland (OR). Today, Portland and its region are poised to be Ground Zero for resolving the real issues behind public concern over “net neutrality”—the stagnant, uncompetitive, hopelessly outclassed state of internet access in America. Portland is taking seriously the idea of a publicly overseen dark-fiber network over which private providers could compete to offer cheap, ubiquitous internet access.

Sen Kyrsten Sinema (D-AZ) has doubled-down on her unwillingness to support the Save the Internet Act and overturn the Federal Communications Commission’s repeal of net neutrality. In a letter to constituents, the senator brushes off concerns from citizens asking her to restore net neutrality by parroting cynical, 

Why is it important whether broadband internet access service (BIAS) is considered a common carriage service or not? Because if BIAS is a common carriage service, then BIAS providers bear the fundamental obligations of common carriers.  These common carriage obligations are:

With the Save the Internet Act, a bill to restore network neutrality, having passed the House, activists at Fight for the Future are looking to get enough Republican Senators on board to push it through the Senate. In the last Congress, before the Democrats regained control of the House, the Congressional Review Act aimed at rolling back the deregulatory Restoring Internet Freedom Order narrowly passed the Senate with the help of independents who caucus with the Democrats and three Republicans: Sens John Kennedy (R-LA), Lisa Murkowski (R-AR) and Susan Collins (R-ME).

On April 10, 2019, in a 232-to-190 vote divided along party lines, the House of Representatives voted to approve the Save the Internet Act (HR 1644). In doing so, Democrats made good on a promise that became a rallying cry in many progressive circles during the 2018 election: restore net neutrality.

Gigi Sohn, a former counselor to former Federal Communications Commission Chairman Tom Wheeler said, “I just have to push back a little bit on this [claim the bill] doesn’t have a chance in the Senate. I know what leader [Mitch] McConnell said — I believe the American people will resuscitate the dead on arrival bill.  Referring to a case that is challenging the decision to end the Obama-era rules on net neutrality, she added, "What you must understand is that there is litigation going on right now to challenge the 2018 repeal.

After the House voted, everyone had an opinion.

The House of Representatives passed legislation that would guarantee broadband internet users equal access to online content, in a crucial step toward bringing back so-called net neutrality regulations overturned by the Trump administration. In a 232 to 190 vote, divided along party lines, the Democratic majority made good on a promise that became a rallying cry in many progressive circles during the 2018 election. The legislation prohibits blocking and throttling web traffic and categorizes broadband as a service open to heavy regulation.

The Administration strongly opposes House passage of the Save the Internet Act (HR 1644). Since the [Restoring Internet Freedom] rule was adopted in 2018, consumers have benefited from a greater than 35 percent increase in average, fixed broadband download speeds, and the United States rose to sixth, from thirteenth, in the world for those speeds. In 2018, fiber was also made available to more new homes than in any previous year, and capital investment by the Nation’s top six Internet service providers increased by $2.3 billion.

The Save the Internet Act (HR 1644) would require the Federal Communications Commission to return to the regulatory framework for Internet service providers (ISPs) that was in effect as of Jan 19, 2017. Restoring the 2015 regulatory framework could increase oversight and enforcement actions by the FCC and could reduce enforcement and oversight by the Federal Trade Commission and Department of Justice. Spending on such increased FCC activities would be subject to the availability of appropriated funds.