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Federal Communications Commission Votes to Reinstate Net Neutrality

In a 3-2 decision, the FCC reinstates net neutrality rules previously repealed in 2017.
Federal Communications Commission Votes to Reinstate Net Neutrality

Highlights

  • The FCC reinstated net neutrality rules by a 3-2 vote, reversing the 2017 repeal.
  • In addition to reviving Obama-era net neutrality guidelines, the FCC gains authority to revoke permissions from foreign entities seen as security risks.
  • President Joe Biden's recent bill includes a provision banning TikTok unless it is sold or separated from its parent company, ByteDance.

The United States Federal Communications Commission (FCC) made a crucial decision on April 25 to reinstate net neutrality rules, overturning the 2017 repeal during the Trump administration. This move entails reclassifying internet service providers (ISPs) as common carriers, aligning with the approach adopted by the Obama administration in 2015.

The effort to restore net neutrality in the U.S. had been in motion since the Biden administration's initiation three years ago. Essentially, net neutrality regulations prevent ISPs like AT&T and Comcast from slowing down or giving preference to specific websites or applications without legal authorization. In 2015, the Obama administration designated ISPs as common carriers under Title II of the Communications Act. However, the classification was altered in 2017 when the Trump administration, under FCC chair Ajit Pai, reclassified ISPs as Title I information services. This led states such as California to create their own net neutrality statutes in response to the repeal. Despite facing opposition from the FCC under Pai, the Biden administration withdrew the challenge against California in 2021.

After a seven-year interval, federal net neutrality regulations are back in effect. Following a 3-2 vote, FCC chair Jessica Rosenworcel expressed in a press release that the new regulations would hold ISPs to a precise standard, fostering innovation. These rules aim to reinstate the guidelines from the Obama era, enabling the FCC to oversee ISP failures and intervene if necessary. Additionally, a new provision was introduced, granting the FCC the power to withdraw authorizations from foreign-owned entities posing national security risks, referencing section 214 of the Communications Act. Notably, price regulations for ISPs were not included in the approved guidelines.

FCC's Reintroduction of Net Neutrality Regulations in the U.S.

  • The reinstatement was approved by a 3-2 vote.
  • Obama-era net neutrality rules were reinstated post the 2017 repeal.
  • The FCC now has the authority to revoke permissions from foreign-owned entities considered security threats.

The announcement of net neutrality revival coincided with a significant week for the Biden administration. On April 23, President Joe Biden signed a bill that encompassed a TikTok ban in the U.S. unless separated from ByteDance. Originally passed by the U.S. House of Representatives on March 13 with strong bipartisan backing, an amended bill was ratified on April 20, granting ByteDance 270 days to sell or detach TikTok, with a deadline set for January 18, 2025.

The compliance of ByteDance in divesting TikTok or its potential withdrawal from U.S. operations remains uncertain. Nonetheless, with the reestablishment of net neutrality, online gamers can find solace in knowing that their internet activities cannot be lawfully slowed down under the revised regulations.

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