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FCC Erases Net Neutrality Rules, Now Permits Internet Providers to Block and Throttle Consumers

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WASHINGTON, December 14, 2017 – The Federal Communications Commission on Thursday voted 3-2, along party lines, to approve a proposal by Republican Chairman Ajit Pai repealing the “open internet” net neutrality rules classifying broadband internet service providers as common carriers.

That leaves Americans without any sort of network neutrality policy or government regulations for the first time since the administration of George W. Bush.

The long-expected vote was condemned by Democrats and consumer groups, but hailed by Republicans and groups representing large internet providers who had sought to overturn the rules.

The rules classifying broadband internet service as common carriage were put in place in 2015 by then-FCC Chairman Tom Wheeler.

Broadband providers pledge to refrain from the practices they lobbied to permit

Many of those large internet providers have long pledged to refrain from the very practices – throttling, blocking, and paid prioritization, among others – that the rules prohibited. Yet they have also lobbied to overturn them.

Congressional Democrats like Rep. Anna Eshoo, D-California, reacted by pledging to continue the fight to defend the rules in court.

“It’s clear that the Chairman’s idea has been rejected in the court of public opinion with tens of millions of Americans weighing in,” Eshoo said in a statement. “Now the issue will be judged in the courts.”

Eshoo added that she and Sen. Ed Markey, D-Massachusetts, will be leading efforts to draft an amicus brief in support of the rules for the anticipated litigation to overturn the FCC’s decision in the same way they did to defend those same rules when they were challenged by a group of cable providers.

Markey also announced that he is introducing a resolution under the Congressional Review Act that would overturn the FCC’s decision.

“Without strong net neutrality rules, entrepreneurs, inventors, small businesses, activists and all those who rely on a free and open internet will be at the mercy of big broadband companies that can block websites, slow down traffic and charge websites fees in order to increase their profits,” Markey said. “We will fight the FCC’s decisions in the courts, and we will fight it in the halls of Congress.”

Dissent at the Federal Communications Commission

While they were powerless to stop today’s vote, Democrats on the FCC railed against him in angry statements delivered before the vote.

“I dissent from this rash decision to roll back net neutrality rules,” said Democratic Commissioner Jessica Rosenworcel.

“I dissent from the corrupt process that has brought us to this point. And I dissent from the contempt this agency has shown our citizens in pursuing this path today.”

Andrew Feinberg is the White House Correspondent and Managing Editor for Breakfast Media. He rejoined BroadbandBreakfast.com in late 2016 after working as a staff writer at The Hill and as a freelance writer. He worked at BroadbandBreakfast.com from its founding in 2008 to 2010, first as a Reporter and then as Deputy Editor. He also covered the White House for Russia's Sputnik News from the beginning of the Trump Administration until he was let go for refusing to use White House press briefings to promote conspiracy theories, and later documented the experience in a story which set off a chain of events leading to Sputnik being forced to register under the Foreign Agents Registration Act. Andrew's work has appeared in such publications as The Hill, Politico, Communications Daily, Washington Internet Daily, Washington Business Journal, The Sentinel Newspapers, FastCompany.TV, Mashable, and Silicon Angle.

FCC

FCC Announces Largest Approval Yet for Rural Digital Opportunity Fund: $1 Billion

The agency said Thursday it has approved $1 billion to 69 providers in 32 states.

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Photo illustration from the Pelican Institute

WASHINGTON, December 16, 2021 – The Federal Communications Commission announced its largest approval yet from the $9.2-billion Rural Digital Opportunity Fund, greenlighting on Thursday $1 billion from a reverse auction process that ended with award announcements in December but that the new-look agency has been scrutinizing in recent months.

The agency said in a press release that this fifth round of approvals includes 69 providers who are expected to serve 518,000 locations in 32 states over 10 years. Its previous round approved $700 million worth of applications to cover 26 states. Previous rounds approved $554 million for broadband in 19 states, $311 million in 36 states, and $163 million in 21 states.

The agency still has some way to approve the entirety of the fund, as it’s asked providers that were previously awarded RDOF money in December to revisit their applications to see if the areas they have bid for are not already served. So far, a growing list have defaulted on their respective areas, some saying it was newer FCC maps that showed them what they didn’t previously know. The agency said Thursday that about 5,000 census blocks have been cleared as a result of that process.

The FCC also said Thursday it saved $350 million from winning bidders that have either failed to get state certification or didn’t follow through on their applications. In one winning bidder’s case, the FCC said Thursday Hotwire violated the application rules by changing its ownership structure.

“This latest round of funding will open up even more opportunities to connect hundreds of thousands of Americans to high-speed, reliable broadband service,” said FCC Chairwoman Jessica Rosenworcel.  “Today’s actions reflect the hard work we’ve put in over the past year to ensure that applicants meet their obligations and follow our rules.  With thoughtful oversight, this program can direct funding to areas that need broadband and to providers who are qualified to do the job.”

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FCC

Local Government Advisors Concerned by Delay in Sohn Confirmation Process

They also believe Alan Davidson will be viewed more favorably to head the NTIA.

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Nominee for FCC Commissioner Gigi Sohn

WASHINGTON, December 14, 2021 – Local government advisors are concerned by delays in the confirmation process of Gigi Sohn, President Joe Biden’s nominee for the Federal Communications Commission, and what those delays will mean for broadband services in local communities.

At the moment, there are reportedly not enough votes from Democrats to confirm Sohn.

The panel of local advisors at a National Association of Telecommunications Officers and Advisors on Monday said the FCC would likely remain split 2-2 between Democrats and Republicans until at least February, when the panel says Sohn’s confirmation will probably pass the Senate.

Such a split would prevent the agency from making some major decisions that would ramp up programs to expand broadband access for Americans. For this reason, several civil society groups have asked the Senate for a swift confirmation process of Biden’s nominees.

The panel also said that Biden’s nominee to head the National Telecommunications and Information Association, Alan Davidson, will likely be reported favorably out of committee.

Logistical problems for the Affordable Connectivity Program

Panelists also spent significant time discussing what current regulatory agency efforts mean for connectivity.

The panel critiqued the FCC’s transition from the Emergency Broadband Benefit to the Affordable Connectivity Program provided for by the newly-passed Infrastructure Investment and Jobs Act to continue providing students with internet access for e-learning. The program provides monthly subsidies for connectivity and devices for eligible students.

This transition is planned to take place with the start of the 2022 new year, and the agency is fielding comments on how to transition.

The panel stated that because this transition takes place during the school year, it has the potential to strand students without connectivity services. Panelists noted that they have been trying to communicate these concerns to the FCC.

The FCC recently eliminated an enrollment freeze in the EBB that was planned to take place during the transition to the ACP.

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FCC

FCC Takes Stock of Telehealth Successes, But Acknowledges a Long Way to Go at Agency Event

Procedural hurdles lie ahead for the commission’s telehealth efforts.

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FCC Commissioner Brendan Carr

WASHINGTON, December 6, 2021 – Federal Communications Commissioner Brendan Carr and several leaders in healthcare said Monday the agency’s efforts to expand telehealth programs for Americans face procedural hurdles before Congress.

The cost of government telehealth expansion efforts is among key factors that create congressional hesitance to rubber stamp the FCC’s telehealth initiatives.

During panel discussions moderated by Carr at a commission event on Monday, experts also remarked that the commission’s efforts would require a good deal of regulatory flexibility that many members of Congress may not be willing to grant it.

Panel guest Deanna Larson, CEO of virtual health network Avera eCARE, testified before the Senate on the matter in October, urging Congress to extend or make permanent its regulatory flexibility toward telehealth.

The panels also spent time discussing the substantial success the FCC has had in expanding telehealth over the course of the coronavirus pandemic.

Experts emphasized accomplishments such as the employment of remote monitoring devices by physicians to physically examine patients when they cannot come into the office.

The panel stated that the move from fully in-person healthcare to telehealth can be compared to the significance of the move from “Blockbuster to Netflix,” referencing the at-home experience of the streaming platform.

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