Biden Administration’s Strategy to Revive ‘Net Neutrality’ Rules and Champion a Free Internet

The Biden administration is set to reintroduce open internet rules that were implemented during the Obama era and subsequently repealed by the Trump administration.

During a speech on Tuesday, Jessica Rosenworcel, Chairwoman of the Federal Communications Commission (F.C.C.), stated that the 2017 repeal placed the F.C.C. “on the wrong side of history, the wrong side of the law, and the wrong side of the public.”

Under the previous open internet rules, also known as net neutrality, broadband internet providers, including telecommunications and cable companies, were prohibited from blocking or slowing down online services. They were also barred from charging certain content providers higher fees for preferential treatment, such as “fast lanes” on the internet.

“This afternoon,” Ms. Rosenworcel announced in her speech at the National Press Club in Washington, “I am sharing with my colleagues a rule making that proposes to restore net neutrality.”

This decision by Ms. Rosenworcel comes after the Senate confirmed Anna Gomez as the fifth commissioner of the F.C.C. earlier this month. This granted Democrats a majority on the commission, breaking the previous 2-2 partisan deadlock.

The Chairwoman of the F.C.C. will disclose the complete text of the proposed rule on Thursday, marking the first step. The commissioners will then vote on the draft proposal on October 19. If approved, there will be a period for public comments and responses for several months. The commission is expected to vote on the final rules next year.

Net neutrality has previously generated significant public interest, with street protests, floods of email comments, and even threats of violence against commissioners who opposed the earlier rules.

This technical issue has resonated politically with progressives who view the rules as a necessary restraint on corporate power and a campaign to preserve an open and fair internet.

Cable and telecommunications companies have largely opposed the rule, citing concerns of regulatory overreach. They feared that classifying broadband providers as “common carriers,” like phone companies, would open the door to utility-style regulation and government control over pricing.

So far, it seems that the fears on both sides have been exaggerated. During the Obama administration, the government did not interfere with broadband pricing. Since the repeal of net neutrality rules, broadband suppliers have generally not been found guilty of “blocking, throttling, and paid prioritization.”

However, Ms. Rosenworcel emphasized that the pandemic has highlighted the importance of high-speed internet service and the need to protect this “essential infrastructure of modern life,” as she stated.