The repeal will eliminate the core net neutrality rules that prohibit blocking, throttling, and paid prioritization. It will also reclassify broadband as an information service, preventing the FCC from using its authority over common carriers to regulate broadband.
FTC will take over
The Federal Trade Commission will take a bigger role in regulating broadband after the repeal, Pai said today. “The Federal Trade Commission will once again be empowered to target any unfair or deceptive business practices of Internet service providers and to protect Americans’ broadband privacy,” he said. “Armed with our strengthened transparency rule, we look forward to working closely with the FTC to safeguard a free and open Internet.”
The FTC doesn’t enforce actual net neutrality rules, but it could try to punish ISPs that promise to abide by net neutrality and then break those promises. ISPs could get around this simply by not making any promises or by scaling their promises back, as Comcast did last year when it deleted a “no paid prioritization” pledge from its net neutrality webpage.
The FTC’s authority over some major broadband providers could also be affected by an ongoing court case. AT&T plans to ask the Supreme Court to rule that the FTC cannot regulate the broadband businesses of companies that also offer common carrier services.
That would prevent the FTC from regulating AT&T, Verizon, T-Mobile, and Sprint, whose phone offerings are classified as common carrier services. Pai refused requests to delay the net neutrality repeal until after that court case is over.
“Profoundly disappointing”
FCC Commissioner Jessica Rosenworcel, a Democrat who voted against repeal, blasted Pai’s action today.
“This is profoundly disappointing,” Rosenworcel said. “The agency failed to listen to the American public and gave short shrift to their deeply held belief that Internet openness should remain the law of the land. The agency turned a blind eye to serious problems in its process—from Russian intervention to fake comments to stolen identities in its files.”
Senate Democrats are promoting a bill that would reverse the repeal and fully restore the net neutrality rules. The Senate will vote on the measure by June 12.