The Obama-era net neutrality rules, passed in 2015, are defunct. That’s now been taken care of, with the Federal Communications Commission declaring June 11 2018 as the date the proposal takes effect.
FCC Chairman Ajit Pai has called the Obama-era rules “heavy-handed” and “a mistake,” and he’s argued that they deterred innovation and depressed investment in building and expanding broadband networks. To set things right, he’s taking the FCC back to a “light touch” approach to regulation, a move that Republicans and internet service providers have applauded.
But supporters of net neutrality — such as big tech companies like Google and Facebook, as well as consumer groups and pioneers of the internet like World Wide Web creator Tim Berners-Lee — say the internet as we know it may not exist without these protections.
What’s net neutrality again?
Net neutrality is the principle that all traffic on the internet should be treated equally, regardless of whether you’re checking Facebook, posting pictures to Instagram or streaming movies from Netflix or Amazon. It also means companies like AT&T, which is trying to buy Time Warner, or Comcast, which owns NBC Universal, can’t favor their own content over a competitor’s.
So what’s happening?
The FCC voted on Dec. 14 to repeal the 2015 net neutrality regulations, which prohibited broadband providers from blocking or slowing down traffic and banned them from offering so-called fast lanes to companies willing to pay extra to reach consumers more quickly than competitors.
Under the 2015 rules, the FCC reclassified broadband as a utility, which gave it the authority to regulate broadband infrastructure much as it did the old telephone network.
The most significant change resulting from the proposal is the stripping away of the FCC’s authority to regulate broadband and the shifting of that responsibility to the Federal Trade Commission.
Does this mean no one will be policing the internet?
The FTC will be the new cop on the beat. It can take action against companies that violate contracts with consumers or that participate in anticompetitive and fraudulent activity.
So what’s the big deal? Is the FTC equipped to make sure broadband companies don’t harm consumers?
The FTC already oversees consumer protection and competition for the whole economy. But this also means the agency is swamped. And because the FTC isn’t focused exclusively on the telecommunications sector, it’s unlikely the agency can deliver the same kind of scrutiny the FCC would.
What about internet fast lanes? Will broadband providers be able to prioritize traffic?
The repeal of FCC net neutrality regulations removes the ban that keeps a service provider from charging an internet service, like Netflix or YouTube, a fee for delivering its service faster to customers than competitors can. Net neutrality supporters argue that this especially hurts startups, which can’t afford such fees.
Another potential business model would let a broadband provider give priority to a medical application or to services like those enabling self-driving cars.
Have any of the old rules been left in place?
The one rule that was spared is the so-called “transparency rule,” which requires broadband providers to disclose how they manage their networks. The FCC now requires service providers to commit to disclosing when and under what circumstances they block or slow traffic and to disclose if and when they offer paid priority services.
What’s it all mean for me?
This is a huge change in policy at the FCC and it could affect how you experience the internet. Keep in mind, your experience isn’t likely to change right away. But over time, it could change significantly. Whether you think that change will be for the better or the worse depends on whom you believe.
Pai and many other Republicans say freeing up broadband providers from onerous and outdated regulation will let them invest more in their networks. They’re hopeful this will lead to more expansion in rural and hard-to-service areas of the country, as well as higher-speed service throughout the US. The agency’s argument for repealing the rules is that investment started to decline in 2015 after the rules were adopted.
But Democrats like Sen. Ed Markey of Massachusetts, consumer advocacy groups, civil rights organizations and technology companies like Google and Mozilla say that repealing the 2015 rules and stripping the FCC of its authority will lead to broadband companies controlling more of your internet experience.
As companies like AT&T, Verizon and Comcast acquire more online content like video, they could give their own services priority on their networks, squeezing out competitors and limiting what you can access. This might mean fewer startups get a shot at becoming the next Facebook, Netflix or YouTube. Ultimately, it could lead to your internet experience looking more like cable TV, where all the content is curated by your provider.
What’s next?
Net neutrality supporters have filed lawsuits to reinstate the old rules. Several tech companies, including Vimeo, Mozilla, Kickstarter, Foursquare and Etsy, as well as several state attorneys general, have launched lawsuits against the FCC to preserve net neutrality rules.
Is it REALLY over?
Maybe not of Massachusetts residents. Dozens of Massachusetts politicians are pushing for a proposal that would counter the Federal Communications Commission reversal at the state level.
Here’s a link to the information: http://www.govtech.com/network/Massachusetts-Lawmakers-Push-State-Solution-to-FCC-Net-Neutrality-Decision.html
