Regulatory classification

The House Communications Subcommittee has voted 18 to 11 along party lines to refer the Save the Internet Act (HR 1644) to the full committee, where it is also expected to be favorably reported out. The Save the Internet Act restores the Federal Communications Commission's 2015 Open Internet Order that created strong network neutrality rules. Full Committee Chairman Frank Pallone (D-NJ) said of the Title II-restoring bill: "Failure to move forward on this legislation is simply not an option." "[N]et neutrality is not Title II," said Full Committee Ranking Member Greg Walden (R-OR).

In part, the Congressional urgency to act on network neutrality is being driven by INCOMPAS’s strong day in court earlier in 2019. We are petitioners, along with leading consumer groups and states, in the legal fight to overturn the Federal Communications Commission’s controversial decision to end decades of bipartisan net neutrality policy. As we near some critical votes in Congress, it’s crucial not to be distracted or confused by the big Internet service provider’s attempts to muddy the waters on net neutrality. Here’s what to look out for:

The Federal Communications Commission has settled a case over its refusal to comply with a public records request, agreeing to pay $43,000 to a journalist who sued the commission. Freelance writer Jason Prechtel filed a Freedom of Information Act (FoIA) request with the FCC in mid-2017, asking for data that would identify who made bulk comment uploads in the proceeding that led to the repeal of network neutrality rules. Prechtel was trying to research comments that were falsely attributed to people without their knowledge.

House Commerce Committee Ranking Member Greg Walden (R-OR) said that the goal of new internet regulation, which he says he generally supports, should be to prevent bad behavior by Internet service providers, not to re-enshrine the Title II telecommunication definition suited to monopoly telephone companies.

The Federal Communications Commission admitted in court that its Electronic Comment Filing System (ECFS) does not track where comments submitted to the system originate. The filing is part of a lawsuit the FCC is facing from The New York Times. The New York Times, Washington Post, BuzzFeed and Gizmodo have been investigating claims about fake/mass-generated comments since 2017, when the FCC began collecting public comments on its proposed repeal of the Title II designation for broadband.

A Q&A with Rep Cathy McMorris Rodgers (R-WA). 

A Q&A with House Communications Subcommittee Chairman Mike Doyle (D-PA).

The state of Vermont has agreed to suspend enforcement of its network neutrality law pending the outcome of a lawsuit against the Federal Communications Commission. In Oct, the nation's largest broadband industry lobby groups sued VT in a US District Court to stop a state law that requires Internet service providers to follow net neutrality principles in order to qualify for government contracts.

A Q&A with House Communmications Subcommittee Chairman Mike Doyle (D-PA).