US FCC adopts plan to re-establish net neutrality and Title II

The US Federal Communications Commission (FCC) has formally begun proceedings to re-establish the principle of net neutrality and the categorisation of broadband internet service provider as telecommunications services under Title II of the country’s Communications Act.

FCC chair Jessica Rosenworcel (source: FCC)

Adopting a ‘notice of proposed rulemaking’ on Title II, the FCC said it would seek comment on proposals to ensure broadband services have effective oversight.

The Commission said that its proposal “also seeks to restore clear, nationwide open internet rules that would prevent Internet Service Providers from blocking legal content, throttling speeds, and creating fast lanes that favor those who can pay for access”.

The FCC said that returning broadband to Title II, as status it had before it was reversed by FCC chair Ajit Pai during the Trump administration, would also empower it to to use its Section 214 authority against national security threats to America’s broadband networks.

The FCC said it would not use Title II provisions and rules that allow it to implement controversial policies like rate regulation and network unbundling.

The adoption of the notice of proposed rulemaking comes after it was introduced by FCC chair Jessica Rosenworcel, who has also called for cable and pay TV consumers to   be given refunds when programming on their services is ‘blacked out’ due to carriage disputes.

There has been some speculation that the FCC’s proposal could run into legal challenges, with the Supreme Court believed to be more hostile than previously to Federal intervention.