Regulatory classification

Likely seeing the re-regulatory handwriting on the wall, cable internet service providers have told the Federal Communications Commission (FCC) just how it should reclassify broadband as a Title II service and what it should and shouldn’t do when it reimposes new net neutrality rules, as it is expected to do after a suitable timespan following the public comment period on its reclassification proposal. NCTA – The Internet & Television Association, joined by over a half-dozen state associations, said if the FCC goes ahead with the plan, it should do the following:

In November 2023, Senator Eric Schmitt (R-MO) wrote a letter to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel expressing concerns about the open internet proceedings, and requesting that Chairwoman Rosenworcel 1) "identify the specific authority granted by Congress that provides a legal justification to support the Commission’s decision to move forward on net neutrality;" 2) confirm her belief "that reclassifying BIAS as a Title II common carrier service would be a regulation of 'vast economic and political significance;'" 3) "provide a specific legal rationale as t

Free Press explains that the Federal Communications Commission's Title II authority allows it to safeguard Net Neutrality and hold companies like AT&T, Comcast and Verizon accountable to internet users across the United States. Title II is not just a legal framework that protects Net Neutrality. The ability to access quality broadband service no matter where one may live, or no matter one’s racial or ethnic identity, still matters. The ability to subscribe to broadband at an affordable price still matters.

NTCA submits that overriding public interest goals can be accomplished with narrowly drawn measures that focus upon key potential points of failure in the transmission of content and data, regardless of where they reside in the ecosystem.

The Open Technology Institute at New America (“OTI”) urged the Federal Communications Commission to restore its authority to hold ISPs accountable for anti-consumer policies and behavior by reclassifying broadband internet access services as a Title II telecommunications service and reestablishing net neutrality protections across the United States. OTI’s comments urge the FCC to update its rules to address additional issues like “zero rating” and paid interconnection agreements, and to improve ISPs’ transparency to consumers about their broadband services.

In these comments we explain why Title II classification is unnecessary and potentially harmful.  Specifically, we make the following points: 

Already the Federal Communications Commission’s busiest docket, the effort to restore network neutrality rules saw a rush of new comments on December 14, the deadline for initial submissions by interested parties looking to affect the outcome of the proceeding. Replies to those comments are due January 17, 2024, after which the FCC can schedule a vote on a final rulemaking. A majority of FCC Commissioners support restoring the rules by reclassifying internet access as a Title II telecommunications service subject to FCC regulation as a common carrier.

For 20 years, proponents of so-called Title II net neutrality have argued the only way to ‘save the internet’ is to impose 1930s-era Ma Bell telephone regulations on today’s broadband networks.

In comments filed at the Federal Communications Commission, Public Knowledge commended the FCC for acting to restore net neutrality as well as creating the proper authority allowing for commonsense consumer protections for broadband users.

In the Telecommunications Act of 1996, Congress directed the Federal Communications Commission to reduce regulation. While the FCC initially made several bipartisan steps in that direction, over the last three presidential administrations the agency has switched between aggressive and relaxed regulation of broadband services on an explicitly partisan basis, including the imposition of legacy common carrier regulation on broadband services in the name of Net Neutrality.