Network Neutrality

March 16 was the 12th anniversary of the release Federal Communications Commission’s National Broadband Plan (NBP). In March of 2010, the FCC responded to Congress’s direction to develop a plan for broadband with the intent to ensure every American has “access to broadband capability.” This proposal was assembled with input across 36 public workshops, 31 public notices, 9 public hearings, and approximately 23,000 comments from more than 700 parties.

Now that Democrats are back in charge of the White House, the issue of net neutrality and the threat of rate regulation has surfaced again. The big internet service providers (ISPs) have been trying to derail or delay confirmation of Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] as the fifth Federal Communications Commissioner because they know that one of the first actions of the FCC under Chairman Jessica Rosenworcel will be to reintroduce Title II regulation.

With the closure of the National Telecommunications and Information Administration (NTIA)’s public feedback period on how best to allocate an upcoming $48 billion in broadband infrastructure grants, here are some key comments Politico noticed:

"Democratic leadership repeatedly said that if Democrats took control of the Senate they would move quickly to get the Federal Communications Commission back to work protecting the public," said Fight for the Future Evan Greer in a letter to Sen Chuck Schumer (D-NY)."But Senator Maria Cantwell (D-WA), in her role as chair of the Senate Commerce Committee, has been actively and egregiously preventing Democrats from making good on those promises.

Cable and telecommunications internet service providers are pushing back on Democratic Federal Communications Commission nominee Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society]'s promise to recuse herself from some issues if confirmed. They‘re suggesting such an offer signals a wider problem with which issues she would or should be weighing in on, and what impact that would have on the agency and the industry.

The US Ninth Circuit Court of Appeals dealt internet service providers (ISP) groups a blow, as a three-judge panel upheld the state of California’s right to implement its own net neutrality rules. Analysts at New Street Research tipped the decision to prompt more state action on the issue; Blair Levin of New Street Research argued the ruling opens the door for states with similar views on net neutrality to pass their own regulations.

This is the right decision. It will ensure that the people of California will continue to have unfettered internet access, blocks internet providers from discriminating against websites for financial or political gain, and reduces the chance that their customers will be ripped off.

The 9th Circuit Court of Appeals upheld California’s net neutrality law, rejecting an attempt by telecommunications industry groups to prevent the state from enforcing it. The court upheld a previous ruling, which means the status quo stays and the state can continue to enforce the law. This means California can continue its ban on internet providers slowing down or blocking access to websites and applications that don’t pay for premium service. California's net neutrality law was signed by former Gov Jerry Brown (D-CA) in 2018.

A new chapter in the ongoing saga of net neutrality and who governs the internet will take shape over the next year thanks to another shift in power at the Federal Communications Commission. With new appointees from President Joe Biden firming up a Democratic majority at the agency, reinstating Obama-era net neutrality rules thrown out under the Trump administration will be a top priority for the FCC. In late 2021, Biden named Jessica Rosenworcel the permanent chair of the FCC.

Federal Communications Commission Chairwoman Jessica Rosenworcel responded to House Republicans' letter regarding state and federal net neutrality laws. The GOP letter—dated April 16, 2021 and led by Reps Cathy McMorris Rodgers (R-WA) and Bob Latta (R-OH) as well as 24 others—addressed the Justice Department's withdrawal of its 2018 lawsuit against California for passing its own net neutrality regulations and Rosenworcel's support of the decision.