The Federal Communications Commission (FCC) has taken a significant step towards reinstating net neutrality with the introduction of a proposed rule that aims to prevent broadband providers from favoring or throttling specific internet traffic. This decision comes after a period of legal and political contention surrounding the issue. The FCC voted 3:2 in favor of putting the Notice of Proposed Rulemaking (NPRM) up for public comment, with plans for a follow-up vote in several months’ time.
Key Takeaway
The FCC has initiated a process to restore net neutrality by proposing a rule that prohibits broadband providers from favoring or throttling specific internet traffic. The proposed rule draws inspiration from the Open Internet Order of 2015, which classified broadband as a “Title II” communication service. Chairwoman Jessica Rosenworcel is leading the effort to reinstate net neutrality, arguing that broadband should be treated as a telecommunication service regulated by the FCC. The proposed rule also addresses privacy concerns surrounding broadband services and aims to establish uniform national rules for net neutrality.
Background: The Battle for Net Neutrality
The proposed rule, titled “Safeguarding and Securing the Open Internet,” draws inspiration from the Open Internet Order of 2015, which classified broadband as a “Title II” communication service. This classification, debated for decades, asserts that broadband should be regulated as a telecommunication service rather than a technology company. In this context, broadband providers are expected to act as data pipes, similar to how phone companies operate for calls.
Opponents of net neutrality argue against reclassifying the internet, fearing increased government control over a profitable industry. During the Trump administration, there was a notable push for deregulation across various sectors, including broadband. Ajit Pai, the appointed FCC Chairman at the time, made efforts to overturn net neutrality. However, with the recent confirmation of Anna Gomez as the 5th Commissioner, Chairwoman Jessica Rosenworcel is now leading the charge to restore net neutrality rules.
In her remarks at the meeting, Chairwoman Rosenworcel expressed her long-standing support for net neutrality and emphasized the importance of correcting the FCC’s earlier decision to repeal it in 2017. She believes that broadband is fundamentally a communication service that should be regulated by the FCC, leading to improved consumer protections. Rosenworcel argues that the absence of net neutrality rules has allowed broadband providers to engage in practices such as zero rating, which creates an unfair advantage for certain companies and limits consumer choice.
What’s at Stake: Privacy and Consumer Protections
The proposed rule also addresses privacy concerns surrounding broadband services. Currently, regulations require telecommunications providers to protect the confidentiality of customer information. However, this only extends to voice customers and not broadband subscribers. Chairwoman Rosenworcel questions the logic behind this discrepancy, asking whether broadband providers should be allowed to sell users’ online activity or exploit their data without permission.
Rosenworcel further highlights the impact of net neutrality regulations on state-level policies, noting that since 2017, twelve states have implemented their own net neutrality rules. This patchwork of regulations stands in contrast to the industry’s usual opposition to fragmented rules. The proposed rule aims to establish national rules that provide clear guidelines for net neutrality.
