Regulatory classification

[Commentary] The United States is a nation quarreling with itself right now. Most of the country’s population wants to keep the internet an equitable and free place, embracing net neutrality rules as a necessary guardian against corporate overreach. But the current political administration seems hellbent on dismantling net neutrality and handing internet service providers the freedom to mold, shape, manipulate, and price internet access in whatever fashion they like.

The future of AT&T could be shaped by two big decisions in Washington, with the Justice Department suing the company to block its $85 billion purchase of Time Warner and the Federal Communications Commission announcing a plan to roll back net neutrality rules, handing a big win to Internet providers. Some analysts said the combined actions could deliver a double-victory for AT&T. If it wins its antitrust case against the DOJ, AT&T could buy Time Warner without offering any concessions to the government.

Net neutrality rules are popular with Americans who use the Internet. It was thus no surprise to see a huge backlash to Federal Communications Commission Chairman Ajit Pai's plan to eliminate the rules. While most of the 22 million public comments on the plan were spam and form letters, a study funded by the broadband industry found that 98.5 percent of unique comments supported the current rules. Net neutrality supporters organized an "Internet-wide Day of Action to Save Net Neutrality" in July and plan more protests in the coming days as a final vote draws near.

[Commentary] Despite Internet service providers’ clearly stated threats and attempts to circumvent net neutrality protections, Federal Communications Commission Chairman Ajit Pai wants to unilaterally disarm the FCC and move broadband providers from light-touch regulation to no regulation. That would be disaster for the Internet ecosystem. The U.S. has always had a free and open Internet precisely because of net neutrality protections. The only danger now is Pai catapulting us into a future without it.

Internet service providers were renewing their pledges not to block or throttle or otherwise discriminate against legal online content. Under Federal Communications Commission Chairman Ajit Pai's plan, if ISPs did block or throttle or prioritize, they would have to disclose that to the FCC per transparency rules regarding network management, and Department of Justice and the Federal Trade Commission could respond accordingly.

[Commentary] In doing away with the 2015 rules that prohibit broadband providers from discriminating against or favoring certain content, applications and services (that is, no blocking, no throttling, no fast lanes and a general rule against discrimination), Federal Communications Commission Chairman Ajit Pai has radically departed from bipartisan FCC precedent. This opens the door for companies like Comcast, AT&T, Verizon, and Charter to pick winners and losers on the Internet by controlling which online companies get faster and better quality of service and at what price.

Is it true that Chairman Pai’s proposal would eliminate Net Neutrality? Yes. It eliminates all prohibitions against blocking and throttling (slowing down) applications by broadband providers, and enables them to engage in paid prioritization and unreasonable discrimination at the point of interconnection. It ignores thousands of consumer complaints and millions of individual comments that ask the FCC to save net neutrality and uphold the principles that all traffic should be created equal. 

Federal Communications Commission Chairman Ajit Pai released his proposal to kill net neutrality today, and while there’s a lot to be unhappy with, it’s hard not to be taken with the brazenness of his argument. CHairman Pai thinks it was a mistake for the FCC to try and stop Comcast from blocking BitTorrent in 2008, thinks all of the regulatory actions the FCC took after that to give itself the authority to prevent blocking were wrong, and wants to go back to the legal framework that allowed Comcast to block BitTorrent. 

Federal Communications Commission Chairman Ajit Pai’s strategy may be to use the repeal of network neutrality rules to force the hand of Congress. Those familiar with FCC deliberations say abdicating its net neutrality authority could pressure Democrats into cooperating with Republicans on passing a bill. Senate Commerce Committee Chairman John Thune (R-SD) has offered to hammer out net neutrality legislation with Democrats in the past. 

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the December Open Commission Meeting scheduled for Thursday, December 14, 2017.