{"id":13409,"date":"2017-07-10T17:50:00","date_gmt":"2017-07-10T21:50:00","guid":{"rendered":"http:\/\/www.publicknowledge.org\/uncategorized\/isp-protests-of-title-ii-make-it-clear-that-we-need-the-current-rules\/"},"modified":"2017-07-10T17:50:00","modified_gmt":"2017-07-10T21:50:00","slug":"isp-protests-of-title-ii-make-it-clear-that-we-need-the-current-rules","status":"publish","type":"post","link":"https:\/\/publicknowledge.org\/isp-protests-of-title-ii-make-it-clear-that-we-need-the-current-rules\/","title":{"rendered":"ISP Protests of Title II Make It Clear That We Need the Current Rules"},"content":{"rendered":"

In 2017 in America, slashing regulation has become more victory chant than policy, and broadband companies are using this opportunity to put open internet protections back on the chopping block.<\/span><\/p>\n

For background<\/a><\/span>: the Federal Communications Commission, under guidance by the D.C. Circuit, reclassified broadband internet access as a Title II telecommunications service in the 2015 Open Internet Order. This means that, for regulatory purposes, broadband providers like Verizon and Comcast are treated as common carriers and required to ensure that all content passing through the internet pipes is treated equitably. Using Title II, the FCC created enforceable, bright-line rules that prevent broadband companies from blocking, throttling, or prioritizing some content over others.<\/p>\n

Consumers <\/span>overwhelmingly support<\/a> net neutrality. Since broadband companies are not completely tone-deaf, they’ve purported to support open internet principles<\/a> in theory while pouring money into reversing the Title II classification. They continue to assert that Title II is so heavy-handed that it will kill innovation and force broadband companies to stop investing in infrastructure. Some elected officials deride Title II<\/a> as overly-burdensome “depression-era” regulation. The criticisms are overwrought and ignore that, under current law, there cannot be bright-line net neutrality rules without Title II. The D.C. Circuit was clear<\/a> – the 2015 Open Internet Order, and its legal underpinnings, are currently the strongest legal footing to support net neutrality.<\/p>\n

It’s true that Title II was originally crafted in 1934 with an eye towards curbing anticompetitive activities by legacy networks like <\/span>AT&T’s monopoly<\/a> and applying fundamental centuries-old common carrier network principles. Acknowledging that, the FCC in its 2015 rule determined that many provisions that were baked into rules applying to legacy networks<\/a> in 1934 should not necessarily apply to the much more agile digital systems of the 21st century. Accordingly, the FCC adopted a “light-touch” approach and forbore<\/a> from applying many provisions outside of the core principles, like nondiscrimination, that are critical for any essential network. The FCC granted complete forbearance from Title II provisions such as:<\/p>\n