The commission voted 3-2 on a proposal to reinstate open internet rules adopted in 2015 and reestablish the commission’s authority over broadband internet.
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The FCC voted in 2017 under Trump to reverse the rules that barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, also known as paid prioritization.
The FCC will take public comments before it is expected to vote next year to finalize the plan that is certain to face legal challenges.
The vote comes after Democrats took majority control of the five-member FCC in early October for the first time since President Joe Biden took office. Biden signed a July 2021 executive order encouraging the FCC to reinstate net neutrality rules adopted under Democratic President Barack Obama.
“There is no expert agency ensuring that the internet is fast, open, and fair, FCC Chair Jessica Rosenworcel said on Thursday. “Internet access needs to be more than just accessible and affordable. The internet needs to be open.”
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Republican FCC Commissioner Brendan Carr opposed the move, saying that since 2017 “broadband speeds in the US have increased, prices are down (and) competition has intensified.” He argued the plan would result in “government control of the internet.” Rosenworcel said the reclassification would give the FCC important new national security tools.
NCTA – The Internet & Television Association, representing major internet service providers, criticized the vote, saying “by introducing the most sweeping command and control framework ever imposed on broadband networks, the FCC’s proposal is a monumental change in how the internet will be regulated.”
Raza Panjwani, senior policy counsel of the Open Technology Institute, said the plan would empower the FCC “to address roadblocks to deploying broadband infrastructure, require reporting about network performance and resiliency (and) keep Americans connected during public emergencies.”
Despite the 2017 repeal, a dozen states now have net neutrality laws or regulations in place. Industry groups abandoned legal challenges in May 2022.
