The U.S. Court of Appeals for the D.C. Circuit to uphold the FCC’s 2017 Restoring Internet Freedom order but strike down the FCC’s preemption of state efforts to regulate the Internet.
FCC Chairman Ajit Pai released the following statement: “Today’s decision is a victory for consumers, broadband deployment, and the free and open Internet. The court affirmed the FCC’s decision to repeal 1930s utility-style regulation of the Internet imposed by the prior Administration. The court also upheld our robust transparency rule so that consumers can be fully informed about their online options."
FCC Commissioner Jessica Rosenworcel countered: “When the FCC rolled back net neutrality it was on the wrong side of the American people and the wrong side of history. Today’s court decision shows that the agency also got it wrong on the law. The agency made a mess when it gave broadband providers the power to block websites, throttle services, and censor online content. Today’s court decision vacates the FCC’s unlawful effort to block states and localities from protecting an open internet for their citizens. From small towns to big cities, from state houses to governors’ executive actions, states and localities have been stepping in because the FCC shirked its duties. In addition, the court took the agency to task for disregarding its duty to consider how its decision threatens public safety, Lifeline service, and broadband infrastructure."
FCC Chairman Moves to Reverse Net Neutrality Rules
In a published speech, Pai described the Title II rules as a regulatory mistake that slowed down telecom infrastructure spending in the United States by 5.6% percent, or $3.6 billion, between 2014 and 2016 for just the top 12 Internet service providers. He said the rules were not needed in 2015 because the Internet "was not broken" and that these 1930s era regulations were constraining the further rollouts of new infrastructure.
Key elements of Pai's proposal include (1) return the classification of broadband service from a Title II telecommunications service to a Title I information service (2) eliminate the so-called Internet conduct standard (3) seeks comment on how the FCC approach the so-called bright-line rules adopted in 2015.
The FCC will vote on the Notice of Proposed Rulemaking at its meeting in May.
https://www.fcc.gov/document/chairman-pai-speech-future-internet-regulation
