Though support for the new bill could peter out, its introduction in Congress nonetheless triggers a fresh round of debate on this highly contentious issue
A new bill could spell the return of net neutrality in the US: On 28 July 2022, two Democratic Senators introduced the Net Neutrality and Broadband Justice Act in the US Senate. The two-page bill proposes to reclassify broadband internet access as a telecoms service under Title II of the Communications Act (1934) – rather than as an information service under Title I. This would give the FCC the power to regulate telcos as common carriers. In turn, the aim is to reinstate the net neutrality regime adopted by the FCC in 2015 under ex-Chairman Tom Wheeler, which the regulator removed under subsequent (and also now former) Chairman Ajit Pai in December 2017. In 2019, the Save the Internet Act, which similarly attempted to reverse the FCC’s 2017 action, was passed by the House of Representatives but stalled in the Senate.
Democratic Commissioners at the FCC support the move: As previously signposted, net neutrality is perhaps one of the biggest issues on which the FCC is likely to change tack under a Biden administration. Senator Edward Markey, one of the bill’s architects, claims change is needed so that the regulator has the necessary tools to “protect the free and open internet”. In response to the introduction of the bill in Congress, FCC Chairwoman Jessica Rosenworcel stated that everyone should be able to “do what they want online without their broadband provider making choices for them”, adding that she supported net neutrality because it fosters “openness and accountability”. Commissioner Geoffrey Stark also welcomed the draft legislation, outlining his view that implementing the 2015 rules was the right approach, as is demonstrated by “overwhelming public support”.
Operators claim that regulation could slow down network rollouts: Net neutrality has been a contentious issue in the US for years, with critics arguing that rules (such as those in the Open Internet Order of 2015) would enable the FCC to impose prescriptive price regulation on telcos. In contrast, proponents of net neutrality believe that all data should be treated equally and that the FCC should be allowed to step in to prevent operators from engaging in throttling, blocking or paid prioritisation. Though two FCC Commissioners have voiced their support for the bill, operators have claimed they already voluntarily adhere to net neutrality principles, warning that additional regulatory pressure risks holding back infrastructure deployments. While there is a chance momentum behind the bill fizzles out, its introduction at the very least kickstarts new dialogue in this long-running, polarising debate.
Source: https://www.congress.gov/bill/117th-congress/senate-bill/4676
