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Net neutrality is back on the U.S. agenda

by ZOUJUECHENG 21 Dec 2023
On September 26, 2023, the Federal Communications Commission (FCC) in the United States proposed reinstating the net neutrality principles revoked in 2018. The objective is to reclassify internet services, potentially introducing more rules related to network security and data protection in the future. One crucial issue remains whether the FCC will choose to exclude network slicing from the rules.

FCC Chair Jessica Rosenworcel introduced a proposal on September 26 to re-establish the regulatory authority over broadband, reinstating nationwide net neutrality principles across the United States. The proposal is set to be voted on during the FCC's monthly meeting on October 19, 2023. If approved, the FCC will initiate the formulation of new rules and seek public input on the proposal. The proposed rules designate fixed and mobile internet services as "basic telecommunications" services.

Sarah McBride, Senior Regulatory Policy Analyst at Omdia, stated that this reclassification strengthens the FCC's regulatory oversight of the internet, potentially paving the way for additional rules to safeguard national security or public safety in the future. The regulatory body may aim to update network security standards and data protection rules to ensure better protection of broadband customer data. The United States is not the only country taking such measures; the UK's Ofcom has assumed responsibility for ensuring the security of the UK's telecommunications network since the Telecoms Security Act became law in October 2022.

Currently, the primary purpose of this move is to prevent the emergence of a "fast lane" in the United States, which could give certain websites a paid advantage over others. Another benefit of the proposal is granting Internet Service Providers (ISPs) the right to install their equipment on utility poles, aiding the rapid deployment of broadband networks.

Back in December 2017, the FCC voted to repeal net neutrality principles, and the Restoring Internet Freedom Order took effect in June 2018, rescinding Title II rules and returning internet services to the "information service" status of Title I. Subsequently, various inconsistent state-level regulations emerged across the United States. However, a question still looms: what does reinstating net neutrality principles mean for network slicing? Network slicing would violate the strictest interpretation of net neutrality, but the FCC might choose to exempt it from the rules.

As indicated in Omdia's report on net neutrality regulations, net neutrality continues to draw attention globally, appearing on the agendas of many regulatory bodies concerned that such practices might restrict competition and innovation. Maintaining flexibility in net neutrality principles to adapt to evolving technological environments has proven beneficial. Clearer regulations also provide stakeholders with better certainty. Therefore, regulatory bodies must proceed with caution to ensure unnecessary regulation is avoided. Europe is also revisiting this topic, with recent consultations between the EU and the UK on existing net neutrality guidance.
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