Policy Backgrounders

'Net Neutrality' Regulation Proposed (Again)

November 09, 2023

The Federal Communications Commission (FCC) voted on October 19 to proceed with its Notice of Proposed Rulemaking that aims to restore “net neutrality” rules for broadband Internet Service Providers (ISPs). This would return regulation to a similar model to that under the FCC’s Open Internet Order from 2015 until that regulation was overturned by the Restoring Internet Freedom Order in 2018.

• The proposal to regulate ISPs as “common carriers” under Title II of the Communications Act of 1934 would prevent ISPs from blocking legal content, throttling speeds, and “paid prioritization” of internet traffic (the ISPs deny they engage in these activities).
• The FCC claims the proposal is also a matter of national security and public safety, as the 2018 reclassification of broadband limited the FCC’s authority to monitor and address threats and outages.
• Broadband providers and some in Congress have vowed to fight the proposal, including litigation against a final rule that is expected next year. While the 2015 rules were upheld in court in 2016, changes in the composition of the Supreme Court and new decisions in administrative law could lead to a different result, requiring Congress to approve any rules in this area rather than an administrative agency such as the FCC.