The Federal Communications Commission (FCC) has initiated steps to reinstate net neutrality and exert stronger regulation over Internet service providers (ISPs). The FCC endorsed, in a 3-2 vote, a proposal by Chairwoman Jessica Rosenworcel which opens for public feedback.
The initiative aims to categorize broadband as a telecommunications service, a step similar to the FCC’s 2015 decision. This designation would prevent ISPs from blocking, throttling, or prioritizing web services in exchange for payment. Such rules were reversed during Trump’s term, moving broadband to a less stringent regulation.
This move by the current FCC follows the Senate’s confirmation of Biden nominee Anna Gomez, which broke the prior 2-2 stalemate. Once the feedback period ends, it’s anticipated that the FCC will reinstate the 2015 guidelines, though legal challenges from the broadband sector are expected.
Rosenworcel, during the commission assembly, emphasized that Title II regulations encompass more than just net neutrality. The classification bolsters the FCC’s capability to prioritize national security for broadband networks. Without this classification, the FCC’s ability to modernize cybersecurity standards and safeguard broadband users’ privacy is hindered.
Rosenworcel’s statement, asserting the proposal’s legality, emphasizes that it mirrors regulations approved in court in 2016.
Some ISPs, however, contend that reclassifying broadband isn’t within the FCC’s purview. While courts have previously supported the FCC’s decisions, opponents believe the FCC may face challenges now due to changing stances of the Supreme Court on agency decision-making boundaries.
FCC Republican Brendan Carr, a critic of broadband common-carrier rules, voiced his opposition, suggesting the internet thrived even without Title II. On the contrary, FCC Democrat Geoffrey Starks lauded the proposal, indicating it places the control back in users’ hands.
Republican Commissioner Nathan Simington termed the proposed regulations as “overreaching” while emphasizing the role of free-market dynamics. Meanwhile, Gomez clarified that the proposition isn’t about limiting online content or curtailing competition but about prioritizing users.
Rosenworcel concluded by expressing her aspiration for these regulations to override state-specific net neutrality laws, aiming for a nationwide effect.