FCC Votes to Restore Net Neutrality Rules

WASHINGTON, D.C.—As expected, the FCC has voted 3-2 to restore net neutrality rules over broadband providers in a move that will likely prompt extensive litigation from cable operators and other groups opposing the decision.

In passing the regulation, FCC chairwoman has argued that the return of net neutrality protections would once again prevent broadband service providers from blocking traffic, slowing down content, or creating pay-to-play internet fast lanes.

In addition it would provide oversight over broadband outages, improve cybersecurity of broadband networks and provide oversight, not control because FCC has no authority to, and no interest in, policing online speech. Commissioners supporting the rules have also argued that it would not limit Congress’s ability to provide closer oversight over “big tech.”

Net neutrality rules were first implemented in 2015 by the FCC during the Obama administration and repealed in 2017 by the FCC during the Trump administration.

Prior to the vote FCC Commissioner Brendan criticized the plan, saying the decision to impose Title II regulations on broadband providers it would reduce investment in broadband services, reduce innovation and fetter the internet with unnecessary regulations.

“The free and open Internet has flourished precisely because it has been unfettered by these types of command and control regulations and bureaucratic micromanagement,” Carr said. “Indeed, while the FCC first applied Title II to high-speed Internet back in 2015 at President Obama’s direction, we quickly ended that failed experiment in 2017.”

“Six years ago, Americans lived through one of the greatest hoaxes in regulatory history,” he noted. “In 2017, when the FCC overturned the Obama Administration’s failed, two-year experiment with Title II regulation, proponents predicted “the end of the Internet as we know it” and that “you’ll get the Internet one word at a time.”  None of the Apocalyptic predictions came to pass. Instead, Americans benefited from lower prices, faster speeds, increased competition, and accelerated Internet builds.  The FCC’s latest set of claims fare no better than those trotted out back then. That’s why it invents so many new justifications.  They are throwing everything they can think of against the wall—but none of it sticks.”

Carr also stressed that “After the FCC imposed Title II rules on the Internet back in 2015, many broadband providers reduced their investments and halted the expansion of their networks.  Indeed, it was the only period of time outside of a recession where broadband investment declined. And after the FCC repealed those rules in 2017, broadband providers set new records for building out Internet infrastructure."

A number of other groups also reacted to the decision, both favorably and in opposition.

The Free Press said “the decision is a major victory for the public interest: Title II authority empowers the FCC to hold companies like AT&T, Comcast, Spectrum and Verizon accountable for a wide range of harms to internet users across the United States.”

Free Press Co-CEO Craig Aaron added: “Everyone should celebrate today’s FCC vote. Public support for Net Neutrality is overwhelming, and people understand why we need a federal watchdog to protect everyone’s access to the most essential communications platform of our time. The FCC heard the outcry and did its job: delivering on promises to stand with internet users and against big telecom companies and their trade groups, which have spent untold millions of dollars to spread lies about Net Neutrality and thwart any oversight or regulation."

Michael Powell, president & CEO of NCTA – The Internet & Television Association issued a statement saying “Today’s action is the latest installment of a long-running campaign to establish FCC control of the internet. This is a politically-motivated reversal of prior law, not an exercise in evidence-based rulemaking. There is no evidence of a problem to be solved. We have a national interest in preserving a dynamic, innovative internet. Consumers were able to work and learn from home during the pandemic because broadband providers were free to invest in and improve their networks without the drag of public utility regulation. Public utilities are notorious for chronic underinvestment and glacial innovation. The FCC’s action uses our nation’s aging utilities and crumbling infrastructure as the model for today’s internet.”

"The good news is that the FCC’s action will be overturned in court,” he added. “Congress has always been the appropriate forum to resolve these issues. We can only hope that the damage done to our vibrant internet ecosystem in the meantime will be limited."

U.S. Chamber of Commerce Technology Engagement Center senior vice president Jordan Crenshaw said “Imposing a flawed, pre-television era regulatory structure on broadband will do little to close the digital divide. The Commission’s decision to micromanage the Internet through Title II regulations will only deter the investments and innovation necessary to connect all Americans.”

More to come as reactions pour in.