The net neutrality rules, which were rescinded during former President Donald Trump's administration, may be making a return thanks to a new initiative led by U.S. Federal Communications Commission chair Jessica Rosenworcel. Under these rules, broadband access would be reclassified as an essential service, placing it on par with utilities such as water and power.
Rosenworcel emphasized the importance of an open internet at an event hosted by the National Press Club. She stated, "For everyone, everywhere, to enjoy the full benefits of the internet age, internet access should be more than just accessible and affordable. The internet needs to be open."
If implemented, the proposed rules would reinstate the classification of fixed and mobile broadband services as essential telecommunications services under Title II of the Communications Act. Additionally, internet service providers would be prohibited from blocking or slowing down lawful internet traffic. The practice of creating "fast lanes" that prioritize certain traffic over others in exchange for payment would also be prohibited.
This development comes as the Democrats take majority control of the five-member FCC, marking the first time since President Joe Biden took office in January 2021. The new FCC Commissioner Anna Gomez was recently sworn in, setting the stage for potential changes.
The FCC plans to vote on taking public comment on the proposed rules in October.
Understanding Net Neutrality
Net neutrality is the principle that internet providers should treat all web traffic equally. This concept has been fundamental to how the internet has operated since its inception. However, concerns arose among regulators, consumer advocates, and internet companies regarding the extent of power held by broadband companies. These concerns centered around their ability to block or slow down apps that compete with their own services. Telecom giants have actively fought against regulations in court, arguing that they hinder investment in broadband and create uncertainty surrounding acceptable business practices.
The History Behind Net Neutrality
In 2003, law professor Tim Wu, currently at Columbia University, coined the term "net neutrality" to advocate for government regulations that would prevent major internet providers from favoring certain technology and services over others. Wu argued that allowing discrimination would stifle innovation. However, telecommunications companies argue that they should have control over the infrastructure they built and own.
In 2015, the Federal Communications Commission (FCC) approved rules to ensure that cable and phone companies do not manipulate internet traffic. With these rules in place, providers like Comcast are prohibited from charging companies like Netflix for faster access or blocking and slowing down their services.
In 2016, a federal appeals court upheld the net neutrality rules after broadband providers sued.
Unfortunately, in 2017, the FCC discarded the Obama-era principle, marking a significant departure from over a decade of federal oversight.
