In an expected move, the commissioners of the Federal Communications Commission (FCC) voted along party lines to advance a plan aimed at largely restoring net neutrality protections reminiscent of the Obama-era rules. All three of the agency’s Democratic commissioners voted in favor of the Notice of Proposed Rulemaking (PDF), while the two Republican commissioners dissented.
FCC Chairwoman Jessica Rosenworcel, a longstanding supporter of net neutrality rules, introduced a proposal last month to reclassify fixed broadband as an essential communications service under Title II of the Communications Act of 1934. Furthermore, the proposal seeks to classify mobile broadband as a commercial mobile service.
Should broadband be reclassified in this manner, the FCC would gain broader authority to regulate it, akin to how water, power, and phone services are overseen. This reclassification would offer the FCC greater flexibility in reinstating net neutrality rules.
Advocates of net neutrality consider these protections fundamental to maintaining an open and fair internet. With net neutrality rules in place, internet service providers are obligated to provide users with equal access to all websites, content, and applications, ensuring that no content is blocked or given preferential treatment. They are also prohibited from charging fees to streaming services for faster service.
Commissioner Anna Gomez, who assumed her position as the panel’s third Democratic member in September, emphasized the importance of these proposed net neutrality rules. She stated that these principles protect consumers and contribute to a vibrant, competitive broadband internet ecosystem, promoting access to an open and equitable internet for all.
In contrast, critics argue that net neutrality rules are unnecessary. Brendan Carr, the senior Republican on the FCC, pointed out that since the FCC’s decision in 2017 to return the internet to the regulatory framework it had thrived under for decades, broadband speeds have increased, prices have dropped, competition has intensified, and significant broadband deployments have bridged the digital divide for millions of Americans. Carr stated, “The Internet is not broken, and the FCC does not need Title II to fix it. I would encourage the agency to reverse course and focus on the important issues that Congress has authorized the FCC to advance.”
Reinstating previous net neutrality rules (overturned during the Trump administration in 2017) has been a part of President Joe Biden’s agenda for several years. However, until the recent appointment of Gomez, the FCC was in a deadlock, leaving this goal in limbo until now.
The FCC contends that reclassification would provide it with more authority to “safeguard national security, advance public safety, protect consumers, and facilitate broadband deployment.” The agency also aims to “reestablish a uniform, national regulatory approach to protect the open internet” and prevent ISPs from engaging in practices detrimental to consumers.
The next step involves the FCC seeking public input and feedback on the proposal, allowing stakeholders, including internet service providers, to express their views. After a thorough review and the potential incorporation of feedback, the FCC is anticipated to issue a final rule regarding the reclassification of broadband internet access. The Electronic Frontier Foundation suggests that this could mean the restoration of net neutrality protections as early as next spring.
However, it’s worth noting that the return of net neutrality protections is not guaranteed and may face legal challenges from the telecommunications industry. Furthermore, the rulemaking process may take some time, which could complicate matters as the nation enters a presidential election year.
Nonetheless, restoring net neutrality remains a top priority for the fully staffed commission under the leadership of FCC Chairwoman Jessica Rosenworcel. She expressed her commitment to the rulemaking process and her hope to move forward with it, emphasizing that the FCC is focused on achieving this objective.
