The US Federal Communications Commission (FCC) has approved the reinstatement of net neutrality rules, previously revoked in 2017 during the administration of former President Donald Trump. The decision marks a point of potential conflict with broadband service providers, who now find themselves having to navigate under renewed and more stringent legislation. Approved by three of the five commissioners, the new regulations prohibit service providers from blocking or slowing down broadband traffic, or from creating paid preferential lanes. These measures reflect the original direction of the rules imposed during Barack Obama’s presidency in 2015, signaling a return to more regulated policies.
The new rules are included in the Spectrum and National Security Act of 2024, which redefines broadband as a telecommunications service under Section 2 of the Communications Act of 1996, giving the FCC greater regulatory power over internet providers. A crucial aspect of the new regulations is the protection of sensitive consumer data, such as location information, which broadband service providers will no longer be able to sell. The FCC also made clear that it will exercise its authority over broadband in a targeted manner, avoiding changes to prices, rates or unbundling, to promote continued investment and innovation in the sector. Additionally, the agency now has the power to override state or local policies that conflict with federal rules.
The chairwoman of the FCC, Jessica Rosenworcel, nominated by Biden and a member of the Democratic Party, underlined the importance of “fast, open and equitable” broadband access, necessary to reach 100% of the American population. Despite the approval, there were dissenting voices, such as GOP Commissioner Brendan Carr, who criticized the “1930s-style” regulatory rules, arguing that broadband had thrived even without such constraints. Carr also noted that the FCC has not identified significant national security gaps that would justify these new regulations. Opposition is not limited to members of the FCC, but also includes operators and industry associations, who have spoken out strongly against reinstating net neutrality, fearing that it will hinder growth and innovation.