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FCC leaders give contrasting visions of a post-net neutrality world

With just days until U.S. net neutrality rules are set to end, Republicans and Democrats from the Federal Communications Commission remain divided on how the rule change will impact consumers, with the GOP promising more competition and the left warning of censorship.

Republican FCC Chairman Ajit Pai said during a press conference after the agency's June 7 open meeting that after the rules officially end June 11, Americans' access to and experience of the internet will improve.

"It's going to mean better, faster, cheaper access for American consumers, and more competition," Pai said, noting that after the net neutrality rules were implemented in 2015, broadband service providers were forced to divert dollars away from deployment toward regulatory compliance. The Open Internet order of 2015, adopted under the previous Democratic administration, classified broadband as a Title II service under the Communications Act, giving the FCC more authority to regulate broadband services.

In December 2017, the FCC voted to overturn that classification and eliminate the associated net neutrality rules, which had prohibited broadband service providers from blocking or throttling legal internet traffic or prioritizing certain traffic in exchange for payment.

Pai said that under the FCC's new regulatory approach, the agency will "preserve the free and open internet' while also promoting "the investment that is necessary for us to be able to claim the benefits of the digital revolution, both mobile and fixed."

FCC Commissioner Jessica Rosenworcel, a Democrat, rejected Pai's argument. "I don't think anything gets better for consumers with the rollback of these rules." She noted that once the net neutrality rules are no longer in effect, broadband service providers will legally be able to block or throttle content. "I think that's crazy," she said.

Pai, though, said consumers will still be protected by the FCC's transparency rule requiring internet service providers to publicly disclose if and when traffic is blocked, throttled or prioritized. In addition, the FCC has worked out a memorandum of understanding with the Federal Trade Commission outlining which agency will be responsible for various online consumer protection efforts.

If a broadband service provider violates the transparency rule by failing to publicly disclose its practices with respect to blocking, throttling, paid prioritization or congestion management, the FCC will take enforcement action. The FTC, however, will investigate and take enforcement action as appropriate against broadband service providers concerning the accuracy of the transparency disclosures. The agency will also monitor and take actions against other deceptive or unfair acts involving broadband service. The FCC and the FTC said they will broadly share legal and technical expertise.

Pai said the FCC's approach to enforcing the transparency rule will be both proactive and reactive. He explained it will be proactive in the sense that the agency will monitor ISP disclosures to make sure companies are complying with the transparency rule, but also reactive in that the agency will review any customer complaints.

But Rosenworcel said having a transparent internet service provider is not the same as having a free and open internet. "Transparency is important. It's good. It needs to be a part of the solution, but it is not everything, because now our carriers have the legal right to block websites, to throttle services, and censor online content," she said.

In a separate interview for C-SPAN (US)'s "The Communicators" series released June 7, former FCC Chairman Tom Wheeler, who spearheaded the adoption of the 2015 Open Internet order, said it was "painful" watching the current FCC overturn the net neutrality regulations and other reforms adopted during his tenure.

Asked what it would be like for consumers June 11 when the repeal officially takes effect, Wheeler said, "Birds will still fly and chickens will still lay eggs. But major local monopolies will be told it is fair to discriminate. And we should not be surprised if ... over time, we begin to see internet services discriminate in a way that benefits their bottom line."