Network Neutrality

[Commentary] The big Internet service provider gate-keepers may have bought the silence of Congress, but they cannot buy the silence of the people. We know there is overwhelming popular support for an open internet with strong net neutrality rules.  But we have to demonstrate this support and the power behind it.  We must make our voices heard.  Contacting Congress now on the CRA is vital—your Senators, of course, but your House members, too.  Tell them your vote in the next election depends on their vote now to restore net neutrality. 

In the early years of the 20th Century, Louis Brandeis was America’s most influential advocate for antitrust enforcement but his contributions to antitrust have been much debated ever since.

On the Net Neutrality National Day of Action, Senate and House Democrats introduced a Congressional Review Act (CRA) resolution to overturn the Federal Communications Commission’s partisan decision on network neutrality. Sens Ed Markey (D-MA), House Communications Subcommittee Ranking Member Mike Doyle (D-PA), Senate Minority Leader Chuck Schumer (D-NY), and House Minority Leader Nancy Pelosi (D-CA) announced introduction of House and Senate resolutions to fully restore the 2015 Open Internet Order. The Senate CRA resolution of disapproval stands at 50 supporters.

A federal appeals court ruled the Federal Trade Commission can move forward with its lawsuit alleging AT&T misled wireless subscribers by reducing data speeds for several million customers who thought they had purchased unlimited plans. The ruling by the Ninth US Circuit Court of Appeals is a notable win for the FTC because it restores the agency’s regulatory authority over large internet service providers.

This is a summary of the Commission’s Declaratory Ruling, Report and Order, and Order (‘‘Restoring Internet Freedom Order’’) in WC Docket No. 17–108, adopted on December 14, 2017 and released on January 4, 2018. The full text of this document is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-166A1.pdf  Effective date: April 23, 2018, except for amendatory instructions 2, 3, 5, 6, and 8, which are delayed as follows.

On the same day the Federal Communications Commission voted to repeal its 2015 network neutrality rules, the Walt Disney Company announced a deal to buy most of 21st Century Fox. The all-stock transaction is valued at roughly $52.4 billion. If approved, Disney would go from being “a juggernaut to being a megajuggernaut.” Disney hopes the acquisition of Fox’s sports and entertainment content will give it new market power in the growing online distribution market (streaming services). The FCC’s move is not unrelated.

Sen Ed Markey (D-MA) and 15 other Sens announced their plan to introduce a Congressional Review Act (CRA) resolution that would undo Dec 14's action by the Federal Communications Commission and restore the 2015 net neutrality rules.

[Commentary] Is it conceivable that Congress created the Federal Communications Commission so that it could identify a risk and then decide that it should take no action to constrain it? The Restoring Internet Freedom order suggests that the FCC doesn’t approve of blocking, but insists that the FCC will do nothing about it if it takes place. The Federal Trade Commission is a great antitrust and consumer-protection agency and its work is vitally important. But it was not designed to be an expert in the way that communications networks operate.

More than 20 internet pioneers and leaders including the “father of the internet”, Vint Cerf; the inventor of the world wide web, Tim Berners-Lee; and the Apple co-founder Steve Wozniak have urged the Federal Communications Commission to cancel its vote to repeal network neutrality, describing the plan as “based on a flawed and factually inaccurate” understanding of how the internet works. “The FCC’s rushed and technically incorrect proposed order to repeal net neutrality protections without any replacement is an imminent threat to the internet we worked so hard to create.

What will repealing net neutrality rules mean for communities in rural America? Public interest groups say it could present unique challenges. Jessica Gonzalez, deputy director and senior counsel for the group Free Press, says most rural communities only have one Internet provider and that provider could do as it pleases if the rule is repealed.