Regulatory classification

Federal Communications Commission Chairman Ajit Pai spent 2017 dismantling Obama-era rules on network neutrality. A handful of lawmakers in liberal-leaning US states plan to spend 2018 building them back up. Even supporters of state legislation on net neutrality think this may go too far. CA State Senator Scott Wiener (D-San Francisco) introduced a bill that would only apply to behavior within the state, saying any other approach would be too vulnerable to legal challenge. “We're expecting that there will be litigation,” he said.

Municipal broadband seems like the savior of the open internet. Except the challenges its rollout face are so legion that I am deeply unconvinced muni broadband is the solution to the repeal of net neutrality.

Roughly 22 million people submitted comments during the Federal Communications Commission’s network neutrality regulatory proceedings. Though there was widespread fraud in the process (many dead people filed anti-net-neutrality comments), the vast majority of them favored the rules that protected the free and open internet. Jan 4, the FCC released its final rule repealing these protections: A grand total of zero consumer comments were cited.

Which Republicans could be likely targets in garnering support for a Congressional Review Act resolution that would undo the Federal Communications Commission’s repeal of net neutrality? Sen. Susan Collins of Maine, a swing vote who has said she does not support FCC Chairman Ajit Pai’s moves; Dean Heller of Nevada; Orrin Hatch of Utah; John McCain of Arizona; and Bob Corker of Tennessee.

Instead of expressly banning internet service providers from blocking content or throttling it, Chairman Ajit Pai’s Federal Communications Commission will instead rely on a “consensus” among the general public and—presumably ISPs themselves—that blocking or throttling content is bad.

So many people rightfully believe Washington is not listening to their concerns, fears, and desires. It saddens me that with the release of this decision rolling back net neutrality, you can add the FCC to the list. In this document, the American public can see for themselves the damage done by this agency to internet openness. Going forward, our broadband providers will have the power to block websites, throttle services, and censor online content. This is not right.

[Commentary] Releasing the network neutrality draft order early had some unintended consequences. It created a flurry of activity when everybody with an opinion felt they had to re-litigate their arguments. Far too many chose it as an opportunity to hurl invectives at those with differing opinions, contributing to the downfall of productive debate. Despite the increasing vitriol during the weeks before the vote, releasing the draft order prior to the Federal Communications Commission’s vote is one key to making the FCC regulatory process more transparent.

Apparently, Federal Communications Commission Chairman Ajit Pai canceled his scheduled appearance at a major upcoming tech industry trade show after receiving death threats. It’s the second known incident in which Chairman Pai’s safety may have been at risk, after a bomb threat abruptly forced the chairman to halt his controversial vote to scrap net neutrality rules in December 2017.

The battle over network neutrality rules that were overturned in Washington in Dec moved into Sacramento (CA) on Jan 3. CA State Sen Scott Wiener (D-San Francisco) introduced a bill to require telecommunications companies doing business in the state to guarantee equal Internet access. “We will protect a free and open Internet in our state,” State Sen Wiener said. “We won’t let the FCC undermine our democracy.” SB822 would try to use state Public Utilities Commission regulations governing telecommunications companies to force them to adhere to net neutrality rules.

[Commentary] This blog reviews some specious claims made in Federal Communications Commission Commissioner Mignon Clyburn's statement on network neutrality.