Regulatory classification

You'll recall that one of the top reasons for killing popular network neutrality rules was that they had somehow supposedly crushed broadband industry network investment.  You'll be shocked to learn this purported boon in investment isn't happening. A few months ago, Verizon made it clear its capital expenditure (CAPEX) would be declining, and the company's deployment would see no impact despite billions in tax cuts and regulatory favors from the Trump Federal Communications Commission. Both AT&T and Verizon have similarly announced massive workforce reductions as well.

The Internet and Competitive Networks Association (INCOMPAS) opposes the Federal Communications Commission’s motion seeking a delay in the Open Internet court case. INCOMPAS, a leading petitioner in the legal case to save network neutrality, filed an opposition to the motion so that oral arguments will continue on Feb 1 as planned. INCOMPAS represents leading streaming companies, edge providers, and competitive broadband network builders. INCOMPAS points to legal precedent during previous government shutdowns, and highlighted the risks to consumers and the streaming revolution. 

With the US.Court of Appeals for the DC Circuit signaling it planned to hold the Feb. 1 oral argument in Mozilla vs.

The US Court of Appeals for the DC Circuit said that oral arguments scheduled for January and now February will take place, partial government shutdown or not. That means the court will hear arguments in the Mozilla et al.

A majority of the new Democrats in the House have made public statements supporting network neutrality, giving advocates hope that the new members of Congress will have the issue in mind moving forward. Past statements from all 64 new Democrats indicate that at least 45 of them publicly supported net neutrality.

The Federal Communications Commission’s 2018 Restoring Internet Freedom (RIF) Order reclassified mobile broadband Internet access service from a commercial mobile service to a private mobile service, largely by ignoring the integration of the Internet with the telephone network.  This reclassification gave the FCC the license to repeal the 2015 net neutrality rules for mobile broadband service. How did this FCC get to the conclusion that the most important public mobile service of our time is a private mobile service?

Rep. Mike Doyle (D-PA) offered up an early look at how Democrats in the House may approach net neutrality legislation in the new Congress.

As technology evolves, new challenges invariably arise, including for policymakers. Establishing ill-conceived rules could stifle the high-tech economy, especially if lawmakers bow to pressure from influential business interests or self-proclaimed consumer advocates to saddle emerging technology markets with arbitrary regulations or draconian liability regimes. That does not mean that government officials should simply ignore disruptive innovations.

There is a new judge hearing oral argument in the Feb 1 challenge by Mozilla et al. to the Federal Communications Commission's recent rollback of network neutrality rules. Judge Judith Rogers is out and Judge Robert Wilkins is in, according to the oral argument calendar on the court's site. There was no explanation for the switch. The original panel had been Judges Rogers, Patricia Millett and Stephen Williams, with Judge Rogers presiding. With Judge Rogers out, Judge Millett will be presiding. 

The Federal Communications Commission’s 2018 Restoring Internet Freedom (RIF) Order reclassified broadband Internet access service from a telecommunications service to an information service, largely on the basis of an interpretation of broadband service that is fundamentally incorrect.  This reclassification gave the FCC the license not only to repeal the 2015 net neutrality rules, but to abdicate its role overseeing the broadband market.