Regulatory classification

Asked about net neutrality, Verizon Business CEO Kyle Malady said the Federal Communications Commission has flipped back and forth on the issue over the years. In his view net neutrality wasn’t needed before it was instituted, it wasn’t missed after it was revoked, and it still isn’t needed.

While the proposal I made to restore net neutrality will certainly garner the most attention, the Federal Communications Commission's October agenda features many other actions to promote digital equity and support broadband-powered innovation:

Today, there is no expert agency ensuring that the internet is fast, open, and fair. Since the birth of the modern internet, the Federal Communications Commission had played that role. It makes sense. These are principles that have deep origins in communications law and history. After all, back in the era when communications meant telephony, every call went through, and your phone company could not cut off your call or edit the content of your conversation.

Federal Communications Commission Chairwoman Jessica Rosenworcel proposed that the FCC take the first procedural steps toward reaffirming rules that would treat broadband internet service as an essential service for American life. As work, healthcare, education, commerce, and so much more have moved online, no American household or business should need to function without reliable internet service. This was especially true during the pandemic.

Anna Gomez is the newest, and fifth, Commissioner at the Federal Communications Commission. This may allow the FCC to pursue a Democratic agenda to tackle various issues:

Senators Edward Markey (D-MA) and Ron Wyden (D-OR) led 25 of their Senate colleagues in writing to Chairwoman Jessica Rosenworcel of the Federal Communications Commission (FCC) to expeditiously reclassify broadband as a telecommunications service under Title II of the Communications Act and restore net neutrality protections. Doing so will allow the FCC to effectively protect consumers from harmful practices online, promote affordable access to the internet, enhance public safety, increase marketplace competition, and take other important steps to benefit our nation’s digital future.

Federal Communications Commissioner Brendan Carr, a longtime opponent of net neutrality rules, blasted the idea of bringing back regulations now that Democrats have a majority at the agency again. He said that recent Supreme Court law makes clear that a net neutrality revival would not survive legal challenges, meaning that any effort to craft rules would sap time from a FCC that should be focused elsewhere.

The Federal Communications Commission appears poised to again consider how broadband internet access service should be regulated to ensure “net neutrality” so all consumers can enjoy free and unimpeded access to lawful internet content. However, the key question is who decides how to translate that goal into law.

There is a huge disparity in regulating two distinct but highly intertwined industries – broadband and voice. Voice regulation includes the cellular business, and, in terms of revenue, the voice market is larger than broadband. JD Powers reported in April 2023 that the average household is spending $144 for cellular per month. I call these industries intertwined because the players at the top of both industries are the same. The big internet service providers (ISP) are Comcast, Charter, AT&T, and Verizon. The biggest voice players are AT&T, Verizon, and T-Mobile.

A GOP consultant set to be the next deputy campaign manager for presidential hopeful Governor Ron DeSantis (R-FL) was part of the infamous astroturfing campaign against net neutrality. Ethan Eilon, who Bloomberg reported is being promoted by Gov.