Network Neutrality

One of the longest-running debates about internet access has entered a new phase, and the way it unfolds could directly affect everything you do online. You might remember the net neutrality debate from a decade ago.

Whether network slicing complies with the net neutrality rules currently in force in Europe and previously applicable in the U.S. presents a key issue in the deployment of 5G. In many ways, both regimes frame the issues in a similar manner, with the exceptions for reasonable traffic management and specialised services likely to play the most important roles.

The battle for network neutrality (aka the open internet) is back. It’s something that should have been instituted years ago. In fact, it actually was on the books—until then-President Donald Trump’s Federal Communications Commission Chairman, Ajit Pai, ditched the rules, largely at the behest of the big internet service providers like Verizon, AT&T and Comcast. Net neutrality rules were not only on the books, but were also court-approved. That should have been the end of the matter.

On October 17, 2023, Republican Members of the House Commerce Committee wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel expressing their disappointment and opposition to the FCC opening a proceeding to reclassify fixed and mobile broadband as a telecommunications service under Title II of the Communications Act of 1934. On October 31, Chairwoman Rosenworcel replied saying "Everyone, everywhere in this country needs access to broadband to have a fair shot at 21st century success...

The Biden administration is fighting a two-front war in its campaign to re-regulate internet service providers (ISPs), fronts that opponents fear could include price regulation as ammunition. The Federal Communications Commission's Democratic majority voted on October 19, 2023 to propose reclassifying internet access as a Title II telecommunications service subject to some common-carrier regulations and to restore net neutrality rules.

Network carriers are exploring nascent technology that would allow them to better and more quickly deliver certain apps and services on their network—but this technology, known as network slicing, could potentially run afoul of net-neutrality regulations. In the current model, all data traffic from phones is typically funneled through the same network. Carriers are able to prioritize the voice calls that they handle on that network, but they rarely have visibility into what else users are doing through other apps.

Charles Dickens opened A Tale of Two Cities writing that “It was the best of times, it was worst of times”. Therein may lie some helpful context for understanding where our country finds itself today. I don’t propose to cover the entire issues waterfront in this brief piece, but will instead focus on a few of the things I see dragging our country and our government down today. For the purposes of this essay, I will include telecommunications and media, Congress, and the courts. To start off on the positive, there’s some really good news at the Federal Communications Commission (FCC).

Senator Eric Schmitt (R-MO) sent a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel to demand answers regarding the FCC’s partisan Notice of Proposed Rulemaking (NPRM) to reinstate failed Title II net neutrality rules. “As a member of the U.S.

Fans of Title II-based network neutrality rules are once again flooding the Federal Communications Commission’s net neutrality comment docket with identical calls for restoration of the rules, as the Democrat-controlled agency has proposed. The docket already has almost 20,000 comments and, as such, is the commission’s most active proceeding, far outstripping the second-place docket for rules on international communications and spectrum issues, which has less than 3,000.

On October 19, the Federal Communications Commission (FCC) voted 3-2 to issue a Notice of Proposed Rulemaking (NPRM) to reinstate the agency’s 2015 decision that brought internet service providers (ISPs) under the agency’s jurisdiction as Telecommunications Carriers. This action is necessary because the Trump FCC repealed the previous rule in 2018 at the request of the ISPs.