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'Unacceptable': Court Blocks Net Neutrality Rules During Legal Battle
"Today's ruling is a setback, but a temporary one," said one campaigner. "The nation's communications regulator must be able to oversee the nation’s communications infrastructure."
Aug 01, 2024
Net neutrality advocates on Thursday sharply condemned a U.S. appellate court decision blocking implementation of the Biden administration's broadband policy while a legal challenge launched by the telecommunications industry moves forward.
Federal Communications Commission Chair Jessica Rosenworcel joined with Commissioners Anna Gomez and Geoffrey Starks in April to reclassify broadband as a public service under Title II of the Communications Act—undoing damage done during the Trump administration.
Internet service providers (ISPs) are fighting to stop the FCC's order. After temporarily delaying the rules last month, the U.S. Court of Appeals for the 6th Circuit just granted a stay. Oral arguments aren't expected until October or November.
"The 6th Circuit's stay will leave Americans without critical net neutrality protections and leave the Federal Communications Commission without its rightful authority over broadband," warned U.S. Sens. Ed Markey (D-Mass.) and Ron Wyden (D-Ore.) in a joint statement Thursday.
"We need net neutrality to protect the free and open internet and ensure that internet gatekeepers cannot control what we see, who we talk with, and how we communicate online."
"That is unacceptable," added the senators, who have led the fight for reviving net neutrality rules in Congress. "We need net neutrality to protect the free and open internet and ensure that internet gatekeepers cannot control what we see, who we talk with, and how we communicate online."
Advocacy groups were similarly critical. John Bergmayer, legal director at Public Knowledge, said that "it is unfortunate that the court granted the ISPs' request for a stay of the FCC's net neutrality rules. These rules would bar broadband providers from throttling connection speeds, blocking websites, and discriminating in favor of preferred internet traffic."
"Millions of Americans have expressed support for these rules by submitting comments with the FCC urging the agency to enact these protections," he noted. "Consumers need net neutrality rules as well as the other consumer benefits provided by the FCC's recognition that broadband is a 'telecommunications' service, including online privacy, public safety and national security, and affordable, competitive broadband service."
"Despite this court's action, we remain confident that the FCC's rules—and classification of broadband as a telecommunication service under Title II of the Communications Act—will ultimately be upheld, just as they were before—or that Congress will step in to reinstate these popular and necessary protections," Bergmayer added.
Free Press vice president of policy and general counsel Matt Wood also characterized the stay as unfortunate but stressed that "we believe that the litigation to follow will dispel these unfounded phone-and cable-company arguments about Title II's supposed harms and about the commission's authority to classify broadband providers properly under the statute."
"Industry lobbyists and other net neutrality opponents have argued, loudly but cynically, that the Trump-era repeal somehow spurred broadband deployment and speed increases, claiming that the rules' presence impairs those upgrades. This is nonsense, as Free Press has shown time and time again by examining the companies' own financial statements and investor briefings," he highlighted. "Today's order unfortunately accepts the false premise that the FCC's rules prevent broadband providers from rolling out new products. ISPs make such claims only in court; they never make them to their investors."
"Today's ruling is a setback, but a temporary one. The nation's communications regulator must be able to oversee the nation’s communications infrastructure," Wood continued. "While we hit a procedural hurdle today, Free Press is determined to see the FCC's decision go into effect. The 6th Circuit will still need to evaluate the ISPs' and FCC's arguments in full when it reviews the case on the merits. We're confident that we will ultimately prevail in this case, even in the wake of this disappointing outcome and even in light of recent Supreme Court decisions aimed at weakening federal agencies' oversight."
Rosenworcel was also determined to defend the FCC's decision, declaring Thursday that "the American public wants an internet that is fast, open, and fair. Today's decision by the 6th Circuit is a setback but we will not give up the fight for net neutrality."
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'Everyone Should Celebrate': FCC Restores Net Neutrality Rules
"Today marks the last day that internet service providers can continue to put profit over people," said one advocate.
Apr 25, 2024
Open internet advocates on Thursday applauded the Federal Communications Commission's long-anticipated vote to revive net neutrality rules and reestablish FCC oversight of broadband.
The 3-2 vote along party lines to reclassify broadband as a public service under Title II of the Communications Act came seven months after FCC Chair Jessica Rosenworcel announced the push in the wake of the U.S. Senate confirming Commissioner Anna Gomez.
Commissioner Geoffrey Starks joined Rosenworcel and Gomez to launch the rulemaking process last year and finalize the policy change on Thursday. Commissioner Brendan Carr and Nathan Simington both aligned with the powerful telecom industry by opposing the effort to prevent internet service providers from blocking, throttling, or engaging in paid prioritization of lawful online content.
Demand Progress Education Fund senior campaigner Joey DeFrancesco said the revival "has been desperately needed" since former FCC Chair Ajit Pai—an appointee of former Republican President Donald Trump—led the "disastrous decision" in 2017 to gut a 2015 agency policy codifying the principle that has been foundational to the internet since its inception.
"Internet access is not a luxury, but a necessity to participate in society and survive in our modern economy," DeFrancesco stressed. "The FCC's new rule will ensure the commission has the full ability to expand broadband and the authority to ensure access to an open internet."
"The FCC's vote today returns the internet to the American people."
Free Press co-CEO Craig Aaron declared that "everyone should celebrate today's FCC vote."
"Public support for net neutrality is overwhelming, and people understand why we need a federal watchdog to protect everyone's access to the most essential communications platform of our time," he noted. "The FCC heard the outcry and did its job: delivering on promises to stand with internet users and against big telecom companies and their trade groups, which have spent untold millions of dollars to spread lies about net neutrality and thwart any oversight or regulation."
Aaron praised Rosenworcel and her staff for leading the restoration effort, as well as Starks and Gomez for working with her to reverse the Trump FCC's move and ensure "that the agency can once again protect internet users whenever big phone and cable companies like AT&T, Comcast, Spectrum, and Verizon attempt to harm them."
"Big cable and phone companies won't be able to pick and choose what any of us can say or see online. Net neutrality is a guarantee that these companies will carry our data across the internet without undue interference or unreasonable discrimination," he emphasized. "This is what democracy should look like: Public servants responding to public sentiment, taking steps to protect just and reasonable services and free expression, and showing that the government is capable of defending the public interest."
Michael Copps, a former FCC commissioner and current Common Cause special adviser, was similarly enthusiastic, saying that "if I weren't out of the country today, I would be personally at the FCC jumping up and down, saluting the majority for reinstituting the network neutrality rules that were so foolishly eliminated by the previous commission."
"Our communications technologies are evolving so swiftly, affecting so many important aspects of our individual lives, that they must be available to all of us on a nondiscriminatory basis. And they must advance the public interest, protecting consumers, fostering competition, and providing us all the news and information we need as we fight to maintain our democracy," he continued. "We still have much to do; but today, let's celebrate a huge step forward."
The vote notably comes during an election year—and as Democratic President Joe Biden, a net neutrality supporter, is gearing up for a November rematch against Trump.
"The internet is crucial to civic engagement in the United States today. It functions as a virtual public square where social justice movements organize and garner support," said Common Cause's Ishan Mehta. "The FCC's vote today returns the internet to the American people."
Jenna Leventoff, senior policy counsel at the ACLU, also piled on the praise, proclaiming that "today marks the last day that internet service providers can continue to put profit over people."
"We are thrilled that the FCC now has the authority it needs to protect consumers, promote the exercise of First Amendment rights online, and ensure that everyone has access to high-quality, affordable internet," she said. "However, we urge the commission not to exercise its authority to preempt consistent state laws that grant consumers additional protections."
John Bergmayer, legal director at Public Knowledge, also celebrated the vote while stressing that the commission's work is far from over. In addition to warning of court fights to come, he said that "broadband providers will continue attempting to rebrand their old plans for internet fast and slow lanes, hoping to sneak them through."
"The FCC will need to diligently enforce its rules," Bergmayer argued, "including clarifying that discrimination in favor of certain apps or categories of traffic 'impairs' and 'degrades' traffic that is left in the slow lane, and that broadband providers cannot simply take apps that people use on the internet every day and package them as a separate 'nonbroadband' service."
"The FCC must also ensure that practices that are not expressly prohibited but still unreasonably interfere with the ability of end users to freely use the internet, or of edge providers to freely compete, are disallowed," he added. "These practices include discriminatory zero-rating and network interconnection practices."
Like Leventoff, he also recognized the vital role of states with stricter policies, saying that those "with excellent net neutrality and broadband consumer protection statutes, like California, can be a nationwide model for other states and the FCC to adopt to strengthen their own rules."
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Campaigners Cheer FCC Plan to Vote on Restoring Net Neutrality Rules
"A healthy democracy requires a well-informed and educated public, but that's not possible without an open and accessible internet."
Apr 03, 2024
Open internet advocates on Wednesday welcomed the Federal Communications Commission's plan to vote on reestablishing FCC oversight of broadband and restoring net neutrality rules on April 25.
"The pandemic proved once and for all that broadband is essential," said FCC Chair Jessica Rosenworcel, who announced the restoration effort in September, shortly after the U.S. Senate confirmed Anna Gomez to a long-vacant seat on the five-member commission. The following month, the pair joined with Commissioner Geoffrey Starks to start the rulemaking process.
"After the prior administration abdicated authority over broadband services, the FCC has been handcuffed from acting to fully secure broadband networks, protect consumer data, and ensure the internet remains fast, open, and fair," Rosenworcel explained Wednesday. "A return to the FCC's overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet."
The three Democratic commissioners aim to reverse a deeply unpopular rollback that happened under former Republican President Donald Trump by reclassifying broadband as a public service under Title II of the Communications Act and preventing internet service providers (ISPs) from blocking legal content, creating fast lanes, and throttling speeds.
"We've been fighting for this moment since Trump's FCC threw out strong Title II rules and abandoned net neutrality back in 2017—and really for nearly 20 years since net neutrality first came under threat," Free Press Action co-CEO Craig Aaron
said of the upcoming vote. "We welcome and celebrate the FCC's decision to move ahead and make sure that internet users will again be protected against harms by big phone and cable companies like AT&T, Comcast, and Verizon."
"Under these strong but flexible FCC rules, every ISP will be responsible for making resilient networks available to people on just and reasonable terms," he noted. "And they won't be able to pick and choose what any of us can say or see online. Net neutrality is a guarantee that the phone and cable companies will carry our data across the internet without undue interference or unreasonable discrimination."
Aaron warned that "without this clear authority over broadband access, the FCC is vastly weakened in its ability to protect internet users from ISPs' privacy invasions, promote broadband competition and deployment, and take action against hidden junk fees, data caps, and billing rip-offs."
Public Knowledge legal director John Bergmayer similarly applauded the commission's effort, stressing that "broadband is now a necessity for work, education, entertainment, healthcare, social connection, and civic engagement."
"Title II classification is the foundation of net neutrality," Bergmayer said. "With this legal tool, the FCC can reassert its role as the nation's top cop on the broadband beat. It will help the FCC more fully address digital redlining, ensuring that broadband access is not denied or degraded to low-income areas, or based on people's race or other protected characteristics."
"It will give the FCC clearer authority to promote network reliability and resiliency, so that users have a consistent internet experience that is ready for times of crisis and recovers quickly from outages," he continued. "It will also help the FCC combat cyber attacks and address other national security risks that could cripple our increasingly internet-dependent economy and society."
"Title II is also a pro-competition tool. It will help the FCC streamline the deployment of new broadband networks and reduce barriers to competition," Bergmayer added.
The FCC's vote is scheduled to happen just months away from the November presidential election, in which Trump is expected to again face Democratic President Joe Biden, who called for restoring net neutrality with a 2021 executive order.
"The internet is a gateway to democracy for many and every voter has the right to a free and fair internet. From looking up information about candidates to finding polling sites, this net neutrality proposal will make it easier for every voter to participate in our modern democracy," said Common Cause Media & Democracy Program director Ishan Mehta.
"We strongly encourage the FCC to restore net neutrality and return control of the internet to the people," he added. "Especially in a major election year, the FCC must do all it can to protect every voter's right to basic information online."
Former FCC Commissioner Michael Copps, now a special adviser to Common Cause, agreed that the pending rules are especially important for those participating in elections.
"A healthy democracy requires a well-informed and educated public, but that's not possible without an open and accessible internet," he said. "We look forward to strengthening a healthy communications ecosystem for all voters."
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