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FCC Chair Confirms Plan to Reinstate Net Neutrality Rules Eviscerated Under Trump
"To allow a handful of monopoly-aspiring gatekeepers to control access to the internet is a direct threat to our democracy," said Michael Copps, a Common Cause special adviser and former FCC commissioner.
Sep 26, 2023
Open internet advocates across the United States celebrated on Tuesday as Federal Communications Commission Chair Jessica Rosenworcel announced her highly anticipated proposal to reestablish FCC oversight of broadband and restore net neutrality rules.
"We thank the FCC for moving swiftly to begin the process of reinstating net neutrality regulations," said ACLU senior policy counsel Jenna Leventoff. "The internet is our nation's primary marketplace of ideas—and it's critical that access to that marketplace is not controlled by the profit-seeking whims of powerful telecommunications giants."
Rosenworcel—appointed to lead the commission by President Joe Biden—discussed the history of net neutrality and her new plan to treat broadband as a public utility in a speech at the National Press Club in Washington, D.C., which came on the heels of the U.S. Senate's recent confirmation of Anna Gomez to a long-vacant FCC seat.
Back in 2005, "the agency made clear that when it came to net neutrality, consumers should expect that their broadband providers would not block, throttle, or engage in paid prioritization of lawful internet traffic," she recalled. "In other words, your broadband provider had no business cutting off access to websites, slowing down internet services, and censoring online speech."
"Giant corporations and their lobbyists... will try every trick to block or delay the agency from restoring net neutrality."
After a decade of policymaking and litigation, net neutrality rules were finalized in 2015. However, a few years later—under former FCC Chair Ajit Pai, an appointee of ex-President Donald Trump—the commission caved to industry pressure and repealed them.
"The public backlash was overwhelming. People lit up our phone lines, clogged our email inboxes, and jammed our online comment system to express their disapproval," noted Rosenworcel, who was a commissioner at the time and opposed the repeal. "So today we begin a process to make this right."
The chair is proposing to reclassify broadband under Title II of the Communications Act, which "is the part of the law that gives the FCC clear authority to serve as a watchdog over the communications marketplace and look out for the public interest," she explained. "Title II took on special importance in the net neutrality debate because the courts have ruled that the FCC has clear authority to enforce open internet policies if broadband internet is classified as a Title II service."
"On issue after issue, reclassifying broadband as a Title II service would help the FCC serve the public interest more efficiently and effectively," she pointed out, detailing how it relates to public safety, national security, cybersecurity, network resilience and reliability, privacy, broadband deployment, and robotexts.
Rosenworcel intends to release the full text of the proposal on Thursday and hold a vote regarding whether to kick off rulemaking on October 19. While Brendan Carr, one of the two Republican commissioners, signaled his opposition to the Title II approach on Tuesday, Gomez's confirmation earlier this month gives Democrats a 3-2 majority at the FCC.
"Giant corporations and their lobbyists blocked President Biden from filling the final FCC seat for more than two years, and they will try every trick to block or delay the agency from restoring net neutrality now," Demand Progress communications director Maria Langholz warned Tuesday. "The commission must remain resolute and fully restore free and open internet protections to ensure broadband service providers like Comcast and Verizon treat all content equally."
"Americans' internet experience should not be at the whims of corporate executives whose primary concerns are the pockets of their stakeholders and the corporations' bottom line," she added, also applauding the chair.
Free Press co-CEO Jessica J. González similarly praised Rosenworcel and stressed that "without Title II, broadband users are left vulnerable to discrimination, content throttling, dwindling competition, extortionate and monopolistic prices, billing fraud, and other shady behavior."
"As this proceeding gets under way, we will hear all manner of lies from the lobbyists and lawyers representing big phone and cable companies," she predicted. "They'll say anything and everything to avoid being held accountable. But broadband providers and their spin doctors are deeply out of touch with people across the political spectrum, who are fed up with high prices and unreliable services. These people demand a referee on the field to call fouls and issue penalties when broadband companies are being unfair."
Like Rosenworcel, in her Tuesday speech, González also highlighted that "one thing we learned from the Covid-19 pandemic is that broadband is essential infrastructure—it enables us to access education, employment, healthcare, and more."
That "more" includes civic engagement, as leaders at Common Cause noted Tuesday. Ishan Mehta, who directs the group's Media and Democracy Program, said that "the internet has fundamentally changed how people are civically engaged and is critical to participating in society today. It is the primary communications platform, a virtual public square, and has been a powerful organizing tool, allowing social justice movements to gain momentum and widespread support."
After the Trump-era repeal, Mehta explained, "we saw broadband providers throttle popular video streaming services, degrade video quality, forcing customers to pay higher prices for improved quality, offer service plans that favor their own services over competitors, and make hollow, voluntary, and unenforceable promises not to disconnect their customers during the pandemic."
Given how broadband providers have behaved, Michael Copps, a Common Cause special adviser and former FCC commissioner, said that "to allow a handful of monopoly-aspiring gatekeepers to control access to the internet is a direct threat to our democracy."
Rosenworcel's speech came a day after U.S. Sens. Ed Markey (D-Mass.) and Ron Wyden (D-Ore.) led over two dozen of their colleagues in sending a letter calling for the restoration of net neutrality protections. The pair said in a statement Tuesday that "broadband is not a luxury. It is an essential utility and it is imperative that the FCC's authority reflects the necessary nature of the internet in Americans' lives today."
"We need net neutrality so that small businesses are not shoved into online slow lanes, so that powerful social media companies cannot stifle competition, and so that users can always freely speak their minds on social media and advocate for the issues that are most important to them," they said. "We applaud Chairwoman Rosenworcel for her leadership and look forward to working with the FCC to ensure a just broadband future for everyone."
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To Return FCC to 'Full Strength,' Progressives Call for Swift Confirmation of Anna Gomez
"The FCC has a mandate to increase the diversity of local-media ownership and to ensure broadband access is affordable, open and reliable for all," said one advocate. "We need all five FCC commissioners as soon as possible to fully move this work forward."
May 22, 2023
Eager to end more than two years of deadlock at the Federal Communications Commission, digital rights advocates on Monday expressed relief at U.S. President Joe Biden nomination of former FCC legal adviser Anna Gomez and called on the U.S. Senate to confirm her appointment as quickly as possible.
"Finally!" tweeted media and technology advocacy group Free Press when the nomination was announced. "The agency has been deadlocked since January 2021 and this delay has harmed millions of people."
Gomez currently serves as a senior adviser for international information and communications policy at the State Department and worked for more than a decade at the FCC as a senior legal adviser to then-Chairman William Kennard.
She also worked in leadership roles at the National Telecommunications and Information Administration, whose work addresses broadband and internet policy.
The American Prospect's David Dayen noted that he recently wrote about Gomez's career, detailing her work within the telecom industry—which the FCC regulates—as well as her work in government.
\u201cAnna Gomez is announced to fill the vacancy on the FCC. The White House attempts a consensus choice. I wrote about Gomez last week:\nhttps://t.co/cvFcoTeOI0\u201d— David Dayen (@David Dayen) 1684771173
"Gomez has plenty in her background to interest industry," wrote Dayen. "She was the vice president of government affairs (a nice term for lobbyist) at Sprint Nextel. She was an associate early in her career at corporate law firm Arnold & Porter, and more recently she spent several years as a partner at Wiley Rein, the biggest and most influential law firm that represents clients at the FCC."
Communications on unmanned aerial systems, or drones, were a large focus of her work at Wiley Rein, Dayen reported.
Gomez's nomination comes two months after longtime public advocate Gigi Sohn withdrew her nomination, which had been championed by progressives, after months of attacks by the telecom lobby.
More than 60 digital rights groups wrote to Biden after Sohn's withdrawal, calling for another nominee who would fight forcefully at the commission for net neutrality rules, the rights of low-income and rural communities, and privacy rights.
"We're now approaching two-and-a-half years without a fully functional Federal Communications Commission. Never before has the American public had to wait so long for a commissioner's seat to be filled," Jessica Gonzalez, co-CEO of Free Press, which signed the letter, said on Monday after Gomez's nomination was announced. "In addition to her corporate experience—which has often entailed working for competitive carriers instead of incumbents—Gomez has a long track record of public service, including high-ranking positions at the FCC and Commerce Department. She is eminently qualified for this role at the FCC."
Dayen noted that some of Gomez's positions on communications issues have not been publicized, including her views on congressional rules that punish internet service providers (ISPs) for underinvestment in low-income communities and on net neutrality rules, which prevent ISPs from creating internet "fast lanes" for companies that can pay for them and throttling other content by slowing down speeds.
"We expect Gomez to help restore the proper legal framework for broadband and the net neutrality protections that the FCC repealed during the Trump administration," said Gonzalez. "In poll after poll, people in the United States of all political stripes say they want enforceable rules for an open internet. We're confident that Gomez will give weight to this overwhelming public support and be responsive to public input on the full range of issues before the agency."
The 2-2 deadlock at the FCC has made it impossible for the commission to stop ISPs from "digitally redlining" low-income communities with slower service for the same rates as wealthier customers, as Common Cause said last October, and to restore net neutrality rules.
"The FCC has a mandate to increase the diversity of local-media ownership and to ensure broadband access is affordable, open and reliable for all," said Gonzalez. "We need all five FCC commissioners as soon as possible to fully move this work forward."
"Any further delay means big companies will have an easier time engaging in unjust, unreasonable, and discriminatory actions, because they know this vital watchdog agency isn't operating with the majority it needs," she added. "If these leaders want to improve the lives of internet users, cellphone customers, TV watchers, and radio listeners—meaning everyone—they need to speed up confirmation before the clock runs out at the FCC."
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60+ Groups Push Biden to Pick Strong Public Interest Nominee for FCC
The president is under pressure to choose a candidate who "is free of industry conflicts of interest, someone who will prioritize net neutrality, privacy, network competition, broadband maps, and the digital divide."
Mar 17, 2023
More than five dozen advocacy organizations on Friday implored U.S. President Joe Biden to swiftly select a Federal Communications Commission candidate who will serve the public interest, not the telecommunications industry.
The coalition's letter stresses that a fifth commissioner is urgently needed to end the current 2-2 deadlock and enable the FCC to "increase digital equity and media diversity, bolster online privacy and safety protection, and reassert its rightful authority over broadband to ensure everyone in the United States has access to this essential service."
The message to Biden comes after Gigi Sohn removed herself from consideration last week, citing the "legions of cable and media industry lobbyists, their bought-and-paid-for surrogates, and dark money political groups with bottomless pockets" who distorted her "over 30-year history as a consumer advocate into an absurd caricature of blatant lies."
"We call on you to immediately put forth a new nominee—specifically, one who has a history of advocacy for the public interest and is free of industry conflicts of interest."
Sohn, the new letter states, "was eminently qualified to serve as a commissioner. But after 16 months of organized and well-funded attacks by dark-money groups—which were carried out by lobbyists, enabled by complicit elected leaders, and amplified in partisan media—Sohn made the understandable decision to withdraw from consideration."
Organizations behind the letter—including Common Cause, Demand Progress Education Fund, Electronic Frontier Foundation, Fight for the Future, Free Press Action, Our Revolution, Public Knowledge, Revolving Door Project, and RootsAction.org—were outraged over both the telecom industry smear campaign against Sohn and top Democrats' refusal to fiercely defend the nomination. Her withdrawal has sparked fears that Biden will choose an industry-friendly candidate.
"Now, we call on you to immediately put forth a new nominee—specifically, one who has a history of advocacy for the public interest and is free of industry conflicts of interest; demonstrates a clear commitment to championing the rights of low-income families and communities of color; and supports Title II oversight and laws that ensure the FCC the authority to prevent unjust discrimination and promote affordable access," the coalition wrote to Biden.
"We ask you to actively press the Democratic majority in the Senate to swiftly confirm your nominee," the groups added. "We cannot permit senators to prevent forward progress any longer at the behest of the very corporations the FCC is meant to regulate."
Free Press Action president and co-CEO Craig Aaron similarly argued in a Common Dreams opinion piece last week:
We must oppose and reject any return to business as usual that furthers industry capture of the FCC.
Instead, we need to demand an independent candidate with public-interest bona fides and a clear commitment to racial justice and civil rights. They must show they're willing to stand up to lies. They must be unequivocal in their support for restoring the FCC's authority, and making sure that the internet is open, affordable, available, and reliable for everyone. They must demonstrate a commitment to engaging the public, not just meeting with lobbyists.
Sohn's defeat also "has implications that go far beyond the FCC," Aaron noted. "The Republicans and their Democratic enablers are setting out markers for who's allowed to serve in government."
"They made clear that public servants will be pilloried while ex-corporate lobbyists sail through," he wrote. "Women and LGBTQIA+ folks—Sohn would have been the first lesbian to serve as an FCC commissioner—will be slandered. Tweeting about police violence can be disqualifying (in the Senate, retweets do equal endorsements). Questioning the propriety of Fox News—even as it's being exposed for aiding and abetting election lies and insurrection—is unacceptable. A basic understanding of U.S. history and racism may be disqualifying."
Sohn "deserved better," Aaron tweeted. "But I hope we—and the White House and Democratic Party, especially—can learn so it doesn't happen again."
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