The Necessity of Broadband: A Renewed Net Neutrality Initiative Argues its Importance Equivalent to Utilities

41

The U.S. Federal Communications Commission (FCC) may reinstate pivotal net neutrality regulations that were repealed during the tenure of former President Donald Trump. Under the leadership of FCC Chair Jessica Rosenworcel, the objective is to categorize broadband as a critical service, akin to essential utilities such as electricity and water.

At a gathering hosted by the National Press Club, Rosenworcel articulated that universal and affordable internet access is insufficient in the modern era. She stated, “An open internet is essential for everyone, everywhere, to fully harness the advantages offered by the digital age.”

The forthcoming regulations intend to restore both fixed and mobile broadband services to their classification as an essential telecommunications service under Title II of the Communications Act. These regulations would forbid internet service providers from deliberately impeding or reducing legal Internet traffic and from charging premiums for prioritized network access.

This development follows the Democratic Party securing a majority within the five-member FCC board, a first since President Joe Biden assumed office in January 2021. The shift occurred with the swearing-in of new FCC Commissioner Anna Gomez.

The FCC plans to solicit public opinions on the proposed regulations through a vote scheduled for October.

Understanding Net Neutrality

Net neutrality rules act as a safeguard against telecom giants that might otherwise inhibit or slow down applications that compete with their own services. Major telecommunications companies have been staunch opponents of these regulations, arguing in court that such rules stifle broadband investment and create uncertainties in operational guidelines.

Historical Context of Net Neutrality

The term “net neutrality” was conceived in 2003 by Tim Wu, a law professor currently at Columbia University. Wu advocated for governmental regulations aimed at preventing large internet service providers from prejudicial actions against technologies or services that might be in conflict with their business objectives. Such bias, Wu contended, would stifle innovation.

In 2015, the FCC, in a partisan vote, approved regulations that prevented cable and telephone companies from manipulating online traffic. For instance, with these rules in effect, a provider like Comcast was prohibited from charging Netflix for faster access to its customer base or from intentionally slowing or blocking its service.

The 2015 net neutrality rules also granted the FCC the authority to pursue actions against companies for unexplicitly banned business practices. For example, the FCC under the Obama administration argued that AT&T’s “zero-rating” practices violated net neutrality principles by exempting its own video application from cellular data limits.

In 2016, a federal appeals court sustained these regulations despite lawsuits from broadband providers. However, the FCC abandoned these Obama-era guidelines in 2017, signaling a stark shift away from over a decade of federal regulatory oversight.

Frequently Asked Questions (FAQs) about Net Neutrality

More about Net Neutrality

• FCC Official Website
• The Communications Act of 1934
• Net Neutrality Explained
• The History of Net Neutrality
• Public Comment Process at the FCC
• Democratic Majority in the FCC
• Title II and Its Implications
• Telecommunications Companies and Net Neutrality
• Federal Appeals Court Upholds Net Neutrality Rules
• Repeal of 2015 Net Neutrality Rules