The Blubber

FCC votes to restore net neutrality.


Net neutrality is the principle that internet service providers (ISPs) should treat all internet traffic equally, without discriminating against different types of content by blocking, throttling, or prioritizing traffic for payment. To enforce this principle, the FCC reclassified ISPs as common carriers under Title II of the Communications Act, granting the agency greater regulatory authority over them.

FCC Chair Jessica Rosenworcel emphasized the importance of internet access, stating that it has transitioned from a luxury to a necessity. She argued that broadband is now an essential service requiring oversight.

While ISPs claim to adhere to net neutrality principles, they oppose the reclassification because it could lead to FCC regulation of their pricing. The FCC, however, has decided not to regulate ISP rates, although this decision could be reversed by future FCC actions.

Net neutrality rules were initially established in 2015 but were repealed in 2017 under then-FCC Chairman Ajit Pai. States have since implemented their own net neutrality laws, prompting debate over the necessity of federal regulations. Proponents argue that state laws have effectively constrained ISPs, while opponents fear federal rules could stifle innovation and investment.

The recent FCC order largely mirrors the 2015 rules but has updated justifications. Rosenworcel believes the rules will enhance the FCC's oversight of internet outages and address national security concerns by prohibiting telecommunications companies from offering internet services alongside other communication services.

Commissioner Brendan Carr, a Republican, opposes the reclassification, viewing it as an example of overreach due to judicial deference to ambiguous laws. He also questions the legitimacy of the FCC's decision to forbear rate regulation, comparing it to actions by other agencies that were deemed illegitimate.

Commissioner Geoffrey Starks, a Democrat, supports the rules and dismisses concerns about judicial scrutiny. He opposes rate regulation but advocates for a sustainable funding mechanism for the Affordable Connectivity Program, which provides internet subsidies for low-income individuals and is at risk of running out of funds.