Common carrier rules for broadband service are on the way out. As expected, the Federal Communications Commission voted along party lines to begin a rulemaking process that, in theory, is a neutral, technocratic assessment of current regulations that might lead to any outcome. But there’s never been any pretence that the result will be anything but a repeal of the FCC’s 2015 decision to bring broadband – wired and wireless – under the common carrier umbrella.
The agency’s official press release laid out the goals for the proceeding that was launched by yesterday’s approval of a notice of proposed rulemaking…
First, the Notice proposes to reverse the FCC’s 2015 decision to impose heavy-handed Title II utility-style government regulation on Internet service providers (ISPs) and return to the longstanding, successful light- touch framework under Title I of the Communications Act.
Second, the Notice proposes to return to the Commission’s original classification of mobile broadband Internet access service as a private mobile service…
Third, the Notice proposes to eliminate the catch-all Internet conduct standard created by the Title II Order.
The Notice also seeks comment on whether the Commission should keep, modify, or eliminate the bright-line rules established by the Title II Order.
Title II is the section of telecommunications law that governs what companies that are classified as common carriers can do.
You’re likely to be disappointed if you’re hoping that the common carrier regime, and particularly the net neutrality rule, will be saved by another wave of public protest, as it was in 2014 when the democratic FCC chairman initially floated a plan that wasn’t all that much different from what’s on the table now. Republican commissioner Michael O’Rielly blew off the flood of comments that have already come in, saying “thankfully, our rulemaking process is not decided like a Dancing with the Stars contest, since counts of comments submitted have only so much value”.