Network Neutrality

Federal Communications Commission Chairman Ajit Pai and his staff are fond of taking to Twitter to assert that, in the just over two months since the repeal of the FCC’s 2015 network neutrality rules took effect, the “Internet remains free and open” — and that opponents’ concerns that unconstrained broadband providers will act in a way that harms consumers and competition are overblown.

In recent years, the Federal Communications Commission has become a microcosm of the political battles in Congress. The Democratic-controlled Wheeler Commission entitled its Net Neutrality Order “Protecting and Promoting the Open Internet.” Not to be outdone, the Republican-controlled Pai Commission that overturned that Order entitled its own “Restoring `Internet Freedom.” And like Congressional pronouncements, Commissioners look to grab headlines with dramatic statements of impending doom if their policies are not enacted.

Verizon slowing California firefighters’ data speeds during a wildfire crisis, but was quick to say, “This situation has nothing to do with net neutrality or the current proceeding in court.” Verizon was throttling “unlimited” customers in less extreme circumstances who hit certain data thresholds well before the Federal Communications Commission repealed net neutrality rules in 2017. But under the rules adopted in 2015, customers had a path to complain to the FCC when they believed throttling was unfair.

During a visit to Utah, Federal Communications Commission Chairman Ajit Pai called for Congress, not his agency, to write “network neutrality” rules regulating businesses that connect consumers to the internet. “We need Congress to set the rules of the digital road,” Chairman Pai said, standing with Rep. Mia Love (R-UT) who made a similar call. Their public comments came after the pair met privately with Utah rural internet providers as part of an FCC outreach on how to extend and improve their services.

Two bills aimed at reinstating aspects of the repealed Obama-era net neutrality rules are headed to a vote in the California General Assembly. The measures, billed by state legislators as “the strongest net neutrality protections in the country,” were stripped of key provisions earlier in 2018 amid fierce opposition from industry groups, but those components were later restored, and the measures have gained momentum in recent weeks.

On Aug 21, the County of Santa Clara (CA), joined by 22 States and the California Public Utilities Commission, filed its brief supporting network neutrality in the ongoing litigation to protect the open internet. The brief attached testimony and an email thread from the County Fire Chief, Anthony Bowden, describing how—during the worst wildfire in California history—Verizon throttled the Internet connection of a critical emergency response vehicle .  “This throttling has had a significant impact on our ability to provide emergency services.

After a long pre-season in which little else happened other than setting a schedule and format for briefing, August 20, 2018 was Opening Day for the litigation appealing the Federal Communications Commission’s December 2017 network neutrality decision. Two groups of challengers (technically referred to as “petitioners”) filed their briefs Monday evening in the US Court of Appeals for the District of Columbia Circuit.

Federal Communications Commission Chairman Ajit Pai addressed barriers to high-speed connectivity in western Colorado and stuck to his post-network neutrality guns during a visit to St. Mary's Medical Center. Chairman Pai held a closed-door meeting with hospital leaders as part of a national tour to discuss how his agency relates to technology needed by rural hospitals that want to embrace telemedicine. Speaking to reporters after the meeting, Pai said, from the FCC's viewpoint, connectivity remains the biggest hurdle to a serious move toward widespread use of telemedicine.

Smaller cable operators don't have the incentive or ability to act anticompetitively toward either their customers or edge providers. That came in American Cable Association comments to the Federal Trade Commission as it tees up month-long hearings on protecting consumers and competition in a digital age. ACA said smaller operators provide vital connectivity, particularly in the rural areas the government is focused on bringing into that digital age as full participants.

This situation has nothing to do with net neutrality or the current proceeding in court.