New FCC ruling would eliminate net neutrality regulations for ISPs

Why it matters to you

If you’re an advocate of net neutrality rules, then you won’t be happy about a possible upcoming FCC rule change.

Net neutrality is one of the more contentious issues in technology today. The idea that all data should be treated the same regardless of user, content, platform or other factors has its proponents and detractors throughout the political spectrum. Given some recent developments, it is not going to become any less controversial anytime soon.

With the Donald Trump presidency came a new Federal Communications Commission (FCC) chairman, Ajit Pai, and he has been hinting at changing how the FCC regulates the industry in ways that will impact net neutrality regulations. Now, Pai has made his plans more official, Ars Technica reports.

First up, as Pai announced to the other FCC commissioners in a speech on Wednesday, will be an effort to “reverse the mistakes of Title II and return to the light-touch regulatory framework that served our nation so well during the Clinton administration, Bush administration, and the first six years of the Obama administration.” Pai referred here to Title II of the Communications Act, which in 2015 brought fixed and mobile internet service providers (ISPs) under the classification of common carriers.

Title II, therefore, extended the FCC’s full regulatory authority to ISPs, authority that it then used to impose net neutrality rules. The FCC’s previous attempts to do so were denied by a court decision that essentially said the FCC’s rules applied to common carriers but not to broadband providers.

The FCC will vote on May 18 to enact a Policy of Proposed Rulemaking that will further submit the proposed rule changes for a vote later in 2017. If Title II is reversed, as some net neutrality opponents would like to see Pai accomplish immediately through a “declaratory ruling,” then the FCCs ability to impose net neutrality rules on ISPs will be revoked.

Title II’s revocation will have other effects beyond net neutrality. For example, the ability for ISP customers and competitors to file complaints will no longer be in effect, and disputes between network operators and content providers over payments to ISPs could take longer to resolve.

Unsurprisingly, the proposed rule changes are unpopular among net neutrality proponents and Democrats, who have started planning how they will oppose the elimination of Title II and the subsequent rollback of net neutrality rules as applied to ISPs. Such opposition will come in a number of forms, such as letters from startups, investors and others to Chairman Pai and activism by the Internet Association made up of companies like Amazon, Facebook, Google, and Microsoft.

In any event, if the new FCC has its way, then net neutrality will no longer be in effect for the data that is carried by ISPs. Whether that is a good or a bad thing is a complicated question involving many factors, but its controversial nature will likely remain intact for the foreseeable future.