In a significant move, U.S. Federal Communications Commission (FCC) chair Jessica Rosenworcel has declared her intention to promptly reinstate crucial net neutrality rules that were rolled back during the previous administration under President Donald Trump. The proposed reinstatement will largely bring back the open internet rules initially adopted in 2015 during the tenure of then-President Barack Obama.
Remarks of Jessica Rosenworcel on Net Neutrality
Chair Jessica Rosenworcel is pushing for an initial vote on this proposal to take place on October 19, highlighting the urgency to re-establish these vital regulations for a free and open internet. This initiative follows the recent shift of majority control to Democrats in the five-member FCC, a transition that occurred for the first time since President Joe Biden assumed office in January 2021.
FCC’s decision in 2017 to reverse the net neutrality rules, which prohibited internet service providers from blocking or throttling traffic and offering paid fast lanes (paid prioritization), was a pivotal moment. The move was subsequently maintained just before the 2020 presidential election.
Chair Jessica Rosenworcel condemned this decision, asserting that it positioned the agency incorrectly in history, law, and public sentiment. She emphasized that reinstating net neutrality was crucial not only to prevent blocking, throttling, and paid prioritization but also to address the numerous downstream consequences of the repeal.
Restoring net neutrality rules, according to Chair Jessica Rosenworcel, will not only reinforce the FCC’s authority to ensure internet service providers tackle internet outages but will not seek to impose rate regulations despite expanded authority.
Furthermore, she emphasized the need to address a national security loophole resulting from the 2018 repeal, which stripped away authorization for broadband services on national security grounds. The proposed reinstatement aims to mirror the 2015 net neutrality rules, with a notable modification to empower the FCC to block authorization of companies potentially controlled by foreign adversaries based on national security concerns.
A significant legal backdrop to this move was a 2022 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals. The ruling underscored that the FCC’s 2017 decision to reverse federal net neutrality protections could not prevent state action, opening the door for states to enact their own net neutrality laws. Presently, about 12 states have introduced net neutrality laws or regulations.
Fiber Broadband Association said broadband providers have deployed and consumers have adopted fiber connectivity at an increasingly accelerated pace over the past five years. A large part of this is due to the fact that fiber is the critical infrastructure for all 21st century communications.
“But the federal government also deserves credit for providing a “right-touch” regulatory environment that encourages investment. The Fiber Broadband Association looks forward to reviewing Chairwoman Rosenworcel’s proposal closely,” Fiber Broadband Association President & CEO Gary Bolton said.
Chair Jessica Rosenworcel’s determination to restore net neutrality rules signifies a critical development, aiming to uphold an open and fair internet ecosystem while addressing pertinent national security considerations. The upcoming vote on October 19 will be a key milestone in this process.
