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UPDATE, Oct. 19, 9:25 a.m. PT: The FCC launched a new effort today to reinstate a robust set of net neutrality roles.
The commission voted 3-2 along party lines to seek public comment on a proposal that would essentially return to the set of rules adopted during the Obama administration then repealed during the Trump years.
The proposal would classify internet service as a “telecommunications” service under Title II of the Communications Act. That’s a regulatory maneuver that would empower the FCC to prohibit blocking and throttling of internet content, or creating so-called “fast lanes” for those who pay up.
Over the past two decades, the FCC has tried multiple times to come up with a set of neutrality rules, only to be rebuffed in court or by GOP control.
FCC Chairwoman Jessica Rosenworcel moved quickly to reinstate net neutrality last month, shortly after Democrats gained a majority on the commission with the confirmation of Anna Gomez.
PREVIOUSLY, Sept. 26: FCC Chairwoman Jessica Rosenworcel will unveil plans later on Tuesday to reinstate net neutrality rules, the set of regulations that require broadband provides treat internet traffic equally.
The rules would prohibit internet providers like Comcast and AT&T from blocking and throttling traffic, or from offering internet sites speedier access to consumers if they pay extra fees.
The proposal likely will be met with staunch opposition from major internet providers, who have long argued that such regulations are not needed. The FCC has had several previous iterations of the net neutrality rules, with a robust set of regulations repealed by the Donald Trump-era commission in 2017, when Republican controlled the commission.
Rosenworcel is announcing the proposal one day after a third Democrat, Anna Gomez, was sworn in on the commission, giving the party a majority for the first time since President Joe Biden took office. The 2-2 deadlock at the FCC has prevented Rosenworcel from taking up more controversial issues like net neutrality.
An initial vote on the proposal is being scheduled for the FCC’s Oct. 19 commission meeting, after which there will be a public comment period before a final decision. The timeline is subject to change given the possibility of a government shutdown.
A senior FCC official indicated that the proposal will mirror a set of rules passed in 2015. That includes its most contentious element, the reclassification of internet service as a Title II service, like that of a common carrier. That regulatory manuever is designed to give the agency a stronger legal authority to establish robust rules. The FCC would still be prohibited from rate regulation and network unbundling requirements.
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