Regulatory classification

Europe’s utility-style regulations, which have nothing at all to do with net neutrality, would be a serious mistake. The proof can be seen in the data. Just compare networks in the US to those in Europe:

The debate around “net neutrality” is back, only this time there is even less chance that the matter will be settled for good. Consumers’ online rights still need protection, and restoring them for an open internet is worthwhile. Those pointing to internet service providers’ (ISP) “good behavior” are being disingenuous at best. The 2018 decision to reverse the Federal Communications Commission's earlier net neutrality rule was being challenged in court until 2020, by which point several states had set up or had in motion their own net neutrality regulations in the absence of a federal one.

Net neutrality regulations have been dead for years, and they should stay that way. Unfortunately, the Federal Communications Commission has moved to reopen and re-litigate the issue. FCC Chairwoman Jessica Rosenworcel has initiated a new rule-making that would enact what are largely the same net neutrality rules tried back in 2016. The law has changed and markets have changed, and yet the arguments for and against net neutrality have largely remained the same.

When Federal Communications Commission Chairwoman Jessica Rosenworcel unveiled plans to restore net neutrality, she said reinstating the rule would “give the FCC and its national security partners the tools needed to defend our networks from potential security threats.” The rule—which gives the agency broad powers to regulate internet service as a utility, akin to water or electricity—hasn’t historically been invoked fo

Asked about net neutrality, Verizon Business CEO Kyle Malady said the Federal Communications Commission has flipped back and forth on the issue over the years. In his view net neutrality wasn’t needed before it was instituted, it wasn’t missed after it was revoked, and it still isn’t needed.

While the proposal I made to restore net neutrality will certainly garner the most attention, the Federal Communications Commission's October agenda features many other actions to promote digital equity and support broadband-powered innovation:

Anna Gomez is the newest, and fifth, Commissioner at the Federal Communications Commission. This may allow the FCC to pursue a Democratic agenda to tackle various issues:

Senators Edward Markey (D-MA) and Ron Wyden (D-OR) led 25 of their Senate colleagues in writing to Chairwoman Jessica Rosenworcel of the Federal Communications Commission (FCC) to expeditiously reclassify broadband as a telecommunications service under Title II of the Communications Act and restore net neutrality protections. Doing so will allow the FCC to effectively protect consumers from harmful practices online, promote affordable access to the internet, enhance public safety, increase marketplace competition, and take other important steps to benefit our nation’s digital future.

Federal Communications Commissioner Brendan Carr, a longtime opponent of net neutrality rules, blasted the idea of bringing back regulations now that Democrats have a majority at the agency again. He said that recent Supreme Court law makes clear that a net neutrality revival would not survive legal challenges, meaning that any effort to craft rules would sap time from a FCC that should be focused elsewhere.

The Federal Communications Commission appears poised to again consider how broadband internet access service should be regulated to ensure “net neutrality” so all consumers can enjoy free and unimpeded access to lawful internet content. However, the key question is who decides how to translate that goal into law.