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A Divided FCC Votes to Start Proceeding on Re-Establishing Obama-Era Net Neutrality Guidelines
October 19, 2023
The Federal Communications Commission Oct. 19, in a 3-2 vote along political lines, agreed to launch a new proceeding on restoring open internet protections for consumers and businesses — first enacted during the Bush/Obama Administrations, and subsequently scuttled during the Trump Administration.
The federal government will seek comment on proposals to ensure broadband services have effective oversight. If the proposals are adopted after the public comment period and review of that record, the FCC would once again be permitted to regulate internet access and competition among internet service providers (ISPs) such as Comcast, Verizon, and AT&T, among others, protect broadband networks from national security threats, and address public safety needs like internet outages.
The “notice of proposed rulemaking” seeks comment on classifying fixed and mobile broadband internet service as an essential “telecommunications” service under Title II of the Communications Act. The proposal also seeks to restore clear, nationwide open internet rules that would prevent ISPs from blocking legal content, throttling speeds, and creating fast lanes that favor those who can pay for access.
“The pandemic made it crystal clear that broadband is no longer nice-to-have, it’s need-to have for everyone, everywhere,” Jessica Rosenworcel, who was named FCC Chairwoman by President Biden, said in a statement. “It is not a luxury. It is a necessity. It is essential infrastructure for modern life. No one without it has a fair shot at 21st century success. We need broadband to reach 100% of us — and we need it fast, open, and fair.”
FCC Commissioner Brendan Carr, who voted against restoring net neutrality guidelines, contends the internet did not implode after the FCC in 2017 during the Trump Administration voted (along party lines) to overturn net neutrality.
“The decision to return the internet to the same successful and bipartisan regulatory framework under which it thrived for decades, broadband speeds in the U.S. have increased, prices are down, competition has intensified, and record-breaking new broadband builds have brought millions of Americans across the digital divide,” Carr wrote in a release.
In reality, internet service costs have increased significantly, upwards of 167% in the past 10 years. A 2023 Consumer Reports report found that the median cost of high-speed internet service is $74.99 per month. About half of the households were paying between $60 and $90 per month for broadband — with pricing often driven by consumer zip codes and lack of local competition. High-speed internet cost about $28 a month in 2013.
Separately, the FCC contends that designating the internet as a telecommunications service will safeguard the nation’s broadband network against domestic and foreign security threats.
Without Title II jurisdiction, the government cannot issue national security authority to high-speed internet, or broadband. Restoring broadband as a telecommunications service would empower the FCC to use its Section 214 authority against national security threats to the nation’s broadband networks.
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No federal agency can monitor or help with broadband outages that threaten jobs, education, health, and safety without Title II authorization, according to the FCC. While the agency can address phone service outages following natural disasters and work to ensure the resiliency of those networks before disasters strike, the FCC lacks authority over broadband networks, which can leave communities across the country without recourse when the internet service fails, according to the agency.