If Elected, Harris Could Double Down on Broadband Regulation

WASHINGTON, Nov. 5, 2024 – Policy analysts at the Free State Foundation are warning that if Vice President Kamala Harris (D) is elected president on Tuesday, she would increase regulatory requirements on broadband Internet Service Providers.

In a Monday opinion, FSF President Randolph May, along with Senior Fellow and Director of Policy Studies Seth Cooper, said that a Harris presidency could lead to increased regulatory action by the Federal Communications Commission.

"If Vice President Kamala Harris wins the election, it’s almost certain she and her administration’s officials will continue the misguided quest to rate regulate ISPs," the analysts said.

The FSF team said new regulatory action could involve the FCC's outlawing ISP data cap and zero-rating data plans as discriminatory and anti-competitive.

Zero-rating data plans allow wireless customers to access social media and music streaming services without counting that usage towards their monthly data plans.

According to FSF, data caps or zero-rating bans could eliminate lower-cost options for consumers while raising prices across the board.

May and Cooper noted a May 2024 vote by the FCC under FCC Chairwoman Jessica Rosenworcel to turn broadband ISPs into public utilities in order to supervise their retail rates, an objective they said would discourage private investment in the broadband industry.

The FCC's attempt to reclassify ISPs was stayed by the U.S. Court of Appeals for the Sixth Circuit on Aug. 1.

The FSF analysts pointed out that broadband providers have invested more than $2.2 trillion into broadband network deployment since 1996. The foundation noted that rate regulation would detract from the ability of ISPs to contribute to broadband deployment.