Regulatory classification

A lack of network neutrality rules can have real-world consequences on wireless data prices, according to a new study by Epicenter.works. The new data from dozens of countries in the European Union suggest that when a country allows zero-rating programs, it ends up seeing an increase in wireless prices over time. The study looks into 30 member countries of the EU which diversify in the way that they enforce net neutrality rules. The countries that prohibited zero-rating programs saw around a 10 percent drop in the price of wireless data after a year.

On Feb 7, the House Communications Subcommittee held a hearing, “Preserving an Open Internet for Consumers, Small Businesses, and Free Speech,” another conversation on net neutrality and an opportunity for lawmakers to spend three hours claiming they support an open internet, while rehashing old, partisan debates and making little progress towards a legislative solution.

The big four US broadband companies invested less in capital projects in 2018 than they did in 2017, undermining one of the rationales for a controversial decision by the Trump administration to remove net neutrality protections. Earnings reported recently show Verizon, AT&T, Charter Communications and Comcast collectively undertook slightly less capital spending in 2018 than in 2017, the first time there has been a drop in three years. They spent $56.9 billion in 2018, compared with $57.1 billion the previous year and $56.1 billion in 2016.

Republicans signaled that they are offering up at least three versions of legislation that would reimpose network neutrality rules, but without doing so under Title II common carrier regulations they argue are a relic of the monopoly phone days. Democrats weren't jumping to embrace the bills while activist groups said those legislative efforts were, at best, woefully lacking and at worst fake efforts promoted by broadband industry lobbyist "shills." The bills are the Open Internet Act of 2019, introduced by Rep.

In Nov 2018, Sens Ed Markey (D-MA), Richard Blumenthal (D-CT), and Ron Wyden (D-OR) wrote AT&T, Verizon, Sprint, and T-Mobile, asking them to respond to a study that showed possible network neutrality violations on their networks. Specifically, the study, which used data collected by the app “Wehe,” showed numerous instances of bandwidth throttling for certain video providers. In response to the Sens’ letters, the four major mobile carriers denied Wehe’s findings that they selectively impair or degrade video streaming.

On Feb 1, we had approximately 4.5 hours of oral argument on the network neutrality case. I want to just highlight one theme: the refusal of the Federal Communications Commission to be honest about the expected policy consequences of its actions. I highlight this for several reasons. First, people need to understand that while the agency can always change its mind, it has to follow the Administrative Procedure Act (APA), which includes addressing the factual record, acknowledging the change in policy from the previous FCC, and explaining why it makes a different decision this time around.

On Feb 1, Petitioners (including Public Knowledge) finally got to make their case in court that the Federal Communications Commission’s reckless abdication of responsibility over broadband was illegal. To highlight some of them:

Former Federal Communications Commission Chairmen Tom Wheeler and Michael Powell will be among the high-profile witnesses at the Feb 7 House Communications Subcommittee hearing on network neutrality. Others testifying include:

• Jessica González, deputy director and senior counsel, Free Press & Free Press Action Fund
• Denelle Dixon, COO, Mozilla
• Ruth Livier, actress, writer, and UCLA doctoral student.

Benton Senior Fellow Gigi Sohn, previously counselor to former Federal Communications Commission Chairman Tom Wheeler, said that current FCC Chairman Ajit Pai's attempt to repeal network neutrality rules could result in the reinstatement of the former rules. "If this prevails in the court, yes, the 2015 rules should come back," said Sohn, referring to the Mozilla suit, the case that is challenging the decision to end the Obama-era rules. "The court can do many different things to resolve this.

House Commerce Committee Chairman Frank Pallone (D-NJ) said this week's hearing on net neutrality won’t be the last — and a bill is forthcoming: “It’s going to be quickly followed after a couple hearings with legislation that would repeal the repeal, if you will, of net neutrality, bring back net neutrality,” Chairman Pallone pledged during a video update.