FCC Begins Process to Restore Net Neutrality Rules

“This afternoon, I am sharing with my colleagues a rulemaking that proposes to restore net neutrality,” Rosenworcel added. “This is a first step. When we vote on this rulemaking, we will invite public comment about how restoring net neutrality rules can help ensure internet access is fast, open, and fair. We will seek to develop an updated record on the best way to restore a uniform, national open internet standard.”

Rosenworcel’s proclamation comes as welcome news for proponents of net neutrality, who have long decried the FCC’s move in 2018 to repeal the previous rules, in an order titled “Restoring Internet Freedom.”

The FCC’s then-chairman, Ajit Pai, praised the repeal of net neutrality at the time, saying the country needs “modern, flexible, light-touch network regulation not a one-size-fits-all utility model from the 1930s.”

“Without question, our most important move here was to reverse the previous administration’s decision to subject our 21st century networks to 20th century utility-style regulation,” Pai added.

From her remarks to the NPC, it’s clear Rosenworcel doesn’t share the perspective of her predecessor.

“The repeal of net neutrality rules was problematic not only because it wiped away enforceable, bright-line rules to prevent blocking, throttling, and paid prioritization,” Rosenworcel said. “It was problematic because when the agency reversed the decision to oversee broadband internet access as a ‘telecommunications service’ under Title II of the Communications Act it had a lot of downstream consequences—and we should talk about them.”

Noting the Covid-19 pandemic “made clear that broadband is essential infrastructure for modern life,” Rosenworcel asserted that “access to the internet is now access to everything.”

“Common sense tells us the Nation’s leading communications watchdog should have the muscle it needs to protect consumers and make sure their internet access is fast, open, and fair,” Rosenworcel said. “Common sense also tells us a thing or two about the state of competition in the broadband marketplace.”

Calling herself a “big believer in the power of competitive markets to drive innovation, investment, and consumer benefits,” Rosenworcel added that she also “the high cost of entry makes competition a challenge in many places.”

“That is why almost half of us lack high-speed service with 100 megabit-per-second download speeds or can only get it from a single provider,” Rosenworcel said. “In fact, only one-fifth of the country has more than two choices at this speed. So, if your broadband provider mucks up your traffic, messing around with your ability to go where you want and do what you want online, you can’t just pick up and choose another provider. That provider may be the only game in town. You need a referee on the field looking out for the public interest—and ensuring your access is fast, open, and fair.”

In a fact sheet published by the FCC following Rosenworcel’s speech, the FCC said the proposed rules will “return fixed and mobile broadband service to its status as an essential ‘telecommunications’ service,” which is the status broadband services held until the change in policy under the Trump Administration. The FCC added that the proposal “seeks to largely return to the successful rules the Commission adopted in 2015.”

Once the FCC has finalized the proposal, a commentary period will be established for industry stakeholders and the public to weigh in on the Commission’s proposed rule. YNOT will report on the details of the public comment period, including where and how to submit comments, once such information has been provided by the FCC.