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FCC Votes to Enforce Net Neutrality and Overturns Municipal Broadband Bans in N.C., Tenn.

Phillip Dampier February 26, 2015 Net Neutrality, Public Policy & Gov't 5 Comments
Net Neutrality victory. (Mignon Clyburn (L), Thomas Wheeler (C), and Jessica Rosenworcel (R) celebrate their majority vote in favor of Net Neutrality. (Image: Mark Wilson/Getty Images)

Net Neutrality victory. Democratic FCC commissioners Mignon Clyburn (L), Thomas Wheeler (C), and Jessica Rosenworcel (R) celebrate their majority vote in favor of Net Neutrality. (Image: Mark Wilson/Getty Images)

The Federal Communications Commission voted today to regulate broadband service as a telecommunications service and public utility, guaranteeing providers will not be allowed to interfere with Internet traffic.

Three of the five commissioners voted in favor of strong Net Neutrality protections, equally applicable to home wired broadband and wireless service, while two Republican commissioners decried the FCC’s move as a regulatory overreach.

“The Internet is too important to allow broadband providers to be the ones making the rules,” said FCC chairman Tom Wheeler, who reacted emotionally to opposition charges that Net Neutrality would lead to a government takeover of the Internet. Wheeler called many of the critical statements made by Net Neutrality opponents “nonsense.”

“Today is the proudest day of my public policy life,” Wheeler said.

The FCC also voted 3-2 in favor of sweeping away state laws in North Carolina and Tennessee that restrict municipal broadband development. Wheeler called the anti-public broadband initiatives “red tape” and anticompetitive. The change will allow services like Fibrant and Greenlight in North Carolina and EPB in North Carolina to immediately begin planning expansion outside of their current service areas. It could also spark new community network development, if today’s FCC actions survive an anticipated court challenge.

Today’s decision does not overturn community broadband bans in more than a dozen other states, but does open the door for municipal providers to file requests with the FCC to overturn similar laws.

Despite claims by providers the move would saddle providers with 1930s era telephone regulations, the FCC today adopted a broadly whittled down set of principles under Title II of the Communications Act which redefines broadband as a “telecommunications service.” The FCC will not regulate consumer pricing or how services are marketed to the public. It will observe and referee disputes between providers and content creators and guarantee no blocking, no speed throttling, and no paid Internet fast lanes.

Wall Street had little reaction to today’s events with most cable and telco stocks remaining flat or slightly higher this afternoon. Investors appear to be unconcerned by the new broadband regulatory framework.

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Chris Rzatkiewicz
Editor
Chris Rzatkiewicz
9 years ago

It’s about time.

tacitus
tacitus
9 years ago

Hi Phillip,

Just popped in to say thanks for your continued tireless efforts battling the corporate machine on behalf of consumers everywhere.The Net Neutrality decision is an important victory, even if the forces ranged against it redouble their efforts to bring it down.

So I hope you can take a moment to give yourself a pat on the back for your part in the effort.

Congratulations.

Mike

AC
AC
9 years ago

This is a double-edged sword at best. The problem is that once you make it a government entity you will create comcast/att/verizon/frontier/time warner/charter on a geoffrey. Think about who the members of the FCC and FTC are aligned with and what kickbacks they take for not investigating USF fraud by the telecos. *Note: I will not capitalize oligopolies.

Limboaz
Limboaz
9 years ago

I don’t trust big corporations like Comcrap, but I trust the Obama administration even less. In cases such as this, they have a habit of bundling in items that will give them some kind of perceived electoral advantage. The big danger here is they will try to argue that websites posting links or information critical of the government or Democratic candidates amount to “campaign contributions”. We could just be trading one set of problems for a WORSE set of problems. I’m definitely not ready to celebrate just yet, as much as I hate big oligopolies like Comcast/NBCU.

lyn d
9 years ago

Thank you Mr. Wheeler . I was so upset over the ban imposed that blocked the city of Fayetteville from offering fiber that I was going to sell my house and move to Va. You’ve shown that there are at least some in Government who care. Thank you!

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