Regulatory classification

Will Biden’s New FCC End the Digital Divide?

The real challenge facing President-elect Joe Biden is whether the person he picks as chairman can move the FCC beyond the “regulatory capture” that has long determined its policies. A number of key issues will define Biden’s ability to redress the overtly corporatist agenda promoted by Trump’s commission. One question will be whether broadband is a Title I or Title II form of communications.

Chairman Pai Remarks to the Reason Foundation

While selecting me as 2020’s recipient of the Savas Award could fairly be called into question, your timing of this celebration could not be more perfect.

Net Neutrality Tops To-Do List for FCC Democrats in Biden Era

The Federal Communications Commission is expected to move to restore net neutrality rules after President-elect Joe Biden takes office, undoing the agency’s deregulation of the broadband industry during the Trump administration. The key regulatory underpinning would be a reclassification of broadband as a service under Title II of the Communications Act. That reclassification would enable the agency to reinstate rules requiring that companies like AT&T Inc. and Comcast Corp.

How Georgia’s Senate runoff will affect net neutrality

The runoff for Georgia’s two Senate seats will have implications for a dizzying number of policy issues for President-elect Joe Biden’s administration—including the future of net neutrality. The two Senate seats in Georgia will determine the balance of power in Congress’ upper chamber. Controlling both chambers of Congress and the presidency would give Democrats wide latitude in shaping policy. “Winning both changes the calculus.

Seizing The Moment

Proposals to help guide our nation to realize the democratic potential of our media and communications ecosystem. 1) A National Strategy to Connect Everyone to Broadband Now, 2) Restore Net Neutrality, 3) End Rampant Industry Consolidation, and 4) Start on a National Discussion on How to Make the Internet Work Better for the US. So, let’s range widely. There are no silver bullets or magic cures or partisan solutions.

How President-Elect Biden’s FCC could fix America’s internet

Even though Joe Biden’s victory is assured, the future of the Federal Communications Commission hangs in the balance. Getting broadband internet in as many homes as possible during the pandemic is many Democrats’ most urgent goal, and one they feel the Trump administration failed to accomplish. “Because the Trump FCC failed to meaningfully address the digital divide, tens of millions of Americans still lack high-speed internet,” said Rep Anna Eshoo (D-CA).

Restoring the Federal Communications Commission’s Legal Authority to Oversee the Broadband Market

The next leadership team of the Federal Communications Commission must prioritize restoring the agency’s authority to protect consumers and competition in the broadband market. Under the next administration, FCC leadership should quickly commence a proceeding proposing to reclassify broadband as a “telecommunications service” under Title II of the Communications Act of 1934. This reclassification puts the FCC on the firmest legal ground to

Bringing back net neutrality rules is high on Biden’s tech agenda

A Q&A with former Federal Communications Commission Chairman Tom Wheeler. He says one major issue for the Biden FCC will likely be restoring Obama-era net neutrality rules that required internet service providers to offer equal access to content on the web. Current FCC Chairman Ajit Pai reversed those rules in 2017. President-elect Joe Biden will prioritize more spending on broadband infrastructure.

First 100 Days: Building Our Connected Future

The first 100 days of a new Administration and new Congress are critical to charting a clear, bipartisan course for our nation’s policy agenda. From COVID relief to budget decisions, take bold and decisive action to finish the job of connecting every American home, business and anchor institution to U.S. broadband infrastructure. Particularly amid a global pandemic, the fact that an estimated 18 million American homes do not have broadband access is unacceptable.

President-Elect Biden’s Agenda on Technology and Innovation Policy

Technological innovation has long been and will continue to be critically important to per-capita income growth, economic competitiveness, and national security. So it is important to examine President-elect Joe Biden’s policy agenda through that lens. This report compiles information from the president-elect’s campaign website and policy documents, from the Democratic Party platform, and from media accounts of statements he has made.

'Blue Ripple' Would Make Regulatory Waves

If Democrats win a majority of Senate seats, it would give regulatory-minded congressional Democrats the ability to put an end to the legal wrangling over a neutral internet, impose tougher new privacy laws or pass their version of social media regulation. With Republicans holding onto the Senate, there would be no legislation reclassifying internet access as a Title I telecommunications service subject to mandatory access and potentially rate regulation.

Biden's win gives tech industry the chance for a Washington reset

Joe Biden's transformation into president-elect Saturday kicks off a new era for tech, giving an industry that's found itself increasingly at odds with government the chance for a reset. Biden's ascent could see the restoration of some tech-friendly Obama-era policies but is unlikely to end the bipartisan techlash that grew during Trump's term.

The Trump FCC Can’t and Shouldn’t Be the Internet Speech Police

The Federal Communications Commission lacks the authority to interpret Section 230. Congress did not give the FCC any role in interpreting the law, or, importantly, in adopting rules to implement that interpretation. Section 230 concerns liability for various torts as litigated between private parties. The FCC has no role—only the parties and state and federal judges do. Indeed, the legislative history of Section 230 makes clear that Congress didn’t want the FCC to have any role with regard to Section 230 or with regulating online platforms.

Either way, 2020 could end the net neutrality fight forever

With the 2020 election right around the corner, the net neutrality debate could come roaring back. It’s also possible it could be decided forever. However it shakes out, there will be implications for net neutrality. So what will the future of the net neutrality battle look like under a continuation of Trump’s administration or if former Vice President Joe Biden wins? Experts see the future of net neutrality rolling out one of two ways, both of which have several avenues splintering off from each.

Time to Treat Broadband Like the Essential Service It Is

Let’s stop ignoring the obvious: broadband internet access service is a public utility and needs to be regulated as one.

The Internet Won’t Be the Same After Trump

President Donald Trump has changed the internet in obvious ways. During his first term, Americans have watched his administration relish the opportunity to destroy net neutrality—the core principle of a free and open internet.

While You Were Checking the Latest Polls

Tuesday, November 3, is Election Day. And as you may well be trying to decipher the latest polls to predict who'll be running the federal government for the next four years, policymakers haven't taken a break. Here's a quick recap of the major news of the week.

FCC Democrats Can't Reconcile Net Neutrality Deregulation, Section 230 Initiative

Democrats on the Federal Communications Commission are taking issue with Chairman Ajit Pai's announcement that the agency would clarify edge providers' Section 230 immunity from civil liability over third-party content, as the White House has asked.

FCC Responds to Narrow Remand of Restoring Internet Freedom Order

The Federal Communications Commission adopted an Order on Remand in response to the US Court of Appeals for the DC Circuit’s remand of three discrete issues for further consideration by the FCC regarding its 2017 Restoring Internet Freedom Order. The court’s Oct 2019 ruling in Mozilla Corp. v. FCC affirmed the FCC’s decision to repeal net neutrality rules. The Court’s decision also upheld the FCC’s robust transparency rule ensuring consumers are fully informed about their online options. This action addresses the few remaining issues the court asked the FCC to consider.

Reactions to FCC Net Neutrality Remand Order

On Oct 27, the Federal Communications Commission voted to approve an Order on Remand that would reaffirm the agency’s 2017 net neutrality repeal. The vote is a response to a 2019 remand by the D.C. Circuit Court of Appeals in Mozilla v. FCC ordering the agency to address how its net neutrality repeal could harm public safety, pole attachments, and even the Lifeline program. 

House Democrats Criticize FCC Chairman Pai's Moves to Cement Net Neutrality Rollback

Chairman Pai is at it again, pushing his anti-consumer agenda – this time on the eve of an historic election.  Americans deserve strong Net Neutrality protections, but this FCC is rushing ahead of November 3rd to further cement its efforts to deprive Americans of these critical protections.  At a time when internet connectivity is especially critical for students, parents, first responders, low-income and rural Americans, the FCC should be protecting American families, not undermining them.  Time and again, this FCC has put industry interests before those of consumers, and its actions this

By What Authority

Can the Federal Communications Commission regulate the internet? Can it offer consumer protections for broadband subscribers? Can it regulate the content found on social media sites?

Rep Eshoo Blasts FCC Indifference to Public Safety in Latest Net Neutrality Proceeding

Rep Anna Eshoo (D-CA-18), a senior member of the House Communications and Technology Subcommittee, wrote to Federal Communications Commission Chairman Ajit Pai to express her high concerns that the FCC is ignoring its court-mandated obligation to protect public safety in its latest net neutrality repeal order and called on the Chairman to drop the proposal from next week’s open meeting agenda. “California is experiencing the most horrific wildfire season in history, and I’m deeply concerned that the FCC is ignoring its mandate to protect public safety as required by statute and by a federal

AT&T Answers Critics of DSL Discontinuation

Representatives from AT&T met with Federal Communications Commission staff to answer a Common Cause, Public Knowledge and Next Century Cities letter sent to the FCC claiming AT&T’s decision to grandfather copper-based DSL services – services the groups maintain should not even be considered broadband – somehow underscores the need for full-fledged public utility regulation of broadband.