It's widely anticipated that the new Republican-controlled
administration will seek to roll back the FCC's net neutrality
rules. These rules require Internet Service Providers (ISPs) to
treat identically all content that travels over their pipes. For
example, an ISP cannot throttle the download speed of content
furnished by its competitors. In his farewell speech, outgoing FCC
Chair Tom Wheeler expressed guarded optimism that net neutrality
will survive, though perhaps only after litigation.
The Commission's initial net neutrality rules were struck down in 2014. The FCC had historically
classified ISPs as equivalent to cable television companies for
regulatory purposes. The DC Circuit ruled that the FCC lacked
statutory authority to impose carriage requirements on such a
provider. In response, the FCC reclassified ISPs as common carriers
comparable to telephone companies. This move was upheld by the DC Circuit in June, 2016.
