Response from Tim Kaine today. Virginia US Senator
Thank you for contacting me about net neutrality. I appreciate hearing your views about government and corporate control over the Internet.
Net neutrality refers to the idea that Internet Service Providers (ISPs), such as AT&T, Verizon, Comcast, Cox, or Time Warner Cable, should treat all data on the Internet equally. This includes general principles that owners of the networks should not block content or degrade network performance based on the type of user, content, site, application, or platform.
The Federal Communications Commission's (FCC) Open Internet Order went into effect in June 2015. The order reclassifies ISPs as a common carrier service under Title II of the Communications Act. This reclassification means that ISPs will be subject to regulations similar to those imposed on public utilities, such as phone companies. The rules forbid paid prioritization (also called internet fast lanes) that would have allowed ISPs and content providers (e.g. Netflix, Amazon) to pay to speed up delivery of streaming video or online gaming services. The order also prohibits ISPs from blocking websites, gives the FCC authority to intervene when large cable companies do not act in the public interest, and includes network management practices that prevent bandwidth throttling (the intentional slowing down of Internet service). In addition to wired lines, mobile data services for smartphones and tablets are subject to the rules.
The FCC will not, however, be involved on pricing or engineering decisions made by companies in managing their networks, wireless data caps will still be in effect, and broadband providers will not be required to increase network speeds. In June 2016, the U.S. Court of Appeals for the D.C. Circuit announced a decision to uphold the FCC's rule.
Supporters of the FCC's ISP reclassification believe that paid prioritization would have favored better-financed companies that could have afforded to pay to use internet fast lanes, thus stifling innovation from smaller companies. Supporters also believe that the consolidation of internet providers and content providers will lead to discriminatory behaviors, such as favoring network-owned content and slowing downloads from certain websites, if left unchecked.
On January 23rd, 2017, FCC Commissioner Ajit Pai assumed the chairmanship of the agency. Chairman Pai has announced his opposition to the Open Internet Order, citing concerns that net neutrality might slow companies' investment in broadband innovation and buildout in rural areas. On May 18th, 2017, the FCC voted 2-1 to reverse the internet's Title II reclassification of 2015 and effectively weaken the FCC's oversight of ISPs. The FCC will accept comments on the decision through the summer. In the meantime, the Open Internet Order remains in effect.
On July 12th, 2017, advocates for maintaining the Open Internet Order held a "Day of Action" to demonstrate the ramifications of reversing current net neutrality protections. Consumer advocacy groups and companies such as Amazon, Reddit, and Netflix participated.
Please be assured I will continue to monitor any changes to net neutrality. I will keep your views in mind should the Senate consider any legislation related net neutrality or any nominations to the current vacant commissioner seats at the FCC. Again, thank you for contacting me.
Sincerely,
Signature
Tim Kaine