On April 17, the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on paid prioritization -- an issue that is central to the net neutrality debate. While most internet service providers (ISPs) have claimed that they have no plans to block or degrade traffic once the Federal Communications Commission's 2017 net neutrality repeal Order goes into effect (exactly when that will be remains TBD), commitments (or lack thereof) not to engage in paid prioritization have remained a moving target. These commitments are shifting with the political winds, and ISPs are including plenty of wiggle room to allow them to argue they haven’t misled consumers if they eventually choose to offer prioritization deals.
More than eight in ten American voters support strong net neutrality protections. So, it should be a no-brainer for Congress to act to guarantee strong open internet protections. The most straightforward way to do this would be for Members to co-sponsor and then vote for the Congressional Review Act Resolution (CRA) to restore the popular 2015 net neutrality rules. But, nothing in politics is ever that simple.
Today, the full Ninth U.S. Circuit Court of Appeals issued its Federal Trade Commission v. AT&T Mobility decision, determining that the FTC still has the authority to bring enforcement actions against companies regulated by the Federal Communications Commission for their “non-common carrier” activities.