Net Neutrality

In comments filed yesterday, Common Cause and New America’s Open Technology Institute (OTI) criticized the Federal Communications Commission (FCC) for failing to protect public safety and low-income Americans’ access to the internet. The comments were filed in response to a federal court order that admonished the FCC for ignoring these critical issues when it repealed net neutrality rules in 2017. Common Cause and OTI called this failure a “dereliction of duty” and urged the agency to correct its past mistakes. The comments also highlighted the ways in which the FCC’s misguided repeal of net neutrality has undermined the agency’s ability to protect people during the COVID-19 pandemic and expand access to the Lifeline program.

“Laughable but not funny," said Michael Copps, special adviser to Common Cause and former Democratic FCC chairman, of the report. "I used to think you couldn’t make stuff like this up, but Trump and Pai have opened my clouded eyes."

Voting is, of course, the first step in democracy reform. But getting meaningful positive change requires so much more. Citizen involvement, working together, demanding to be informed, organizing on the issues, getting commitments from candidates, and then holding them accountable, is more demanding. Yet it is the price of democracy.Will we pay that price? We are paying dearly now for things that disserve our country, so maybe nourishing the roots of self-government isn’t such a heavy price to pay after all. This is the year of decision. We have the opportunity now in 2020 to put America on course to what it can and should be. Let’s seize the opportunity — while we still have it.

Today, the Federal Communications Commission voted 3-2 to approve the $26 billion merger of T-Mobile Inc. and Sprint Corporation. The approval includes a negotiated deal to sell assets to Dish Network despite the FCC never seeking public comment on this arrangement. The proposed merger still faces a legal challenge from more than fourteen state attorneys general who have filed suit to block the transaction.

“With this decision, the Court demonstrates it just doesn’t ‘get it’ when it comes to an open internet,” says former FCC Commissioner Michael Copps, who now works with Common Cause on media issues. “Without net neutrality rules, Comcast, Verizon, and AT&T are in the saddle and consumers are being ridden to higher prices, internet throttling, blocking, and slow-lane traffic.” The court’s ruling, Copps points out, “reverses the FCC’s decision to preempt state net neutrality laws, making clear that states are free to pass such legislation in order to protect their residents. The states thus retain their ability to fill the void caused by the repeal of federal net neutrality rules. California has already passed the gold standard for state net neutrality legislation, and other states should follow that model.”

Today, the U.S. Court of Appeals for the D.C. Circuit issued an opinion upholding much of the FCC’s 2017 decision repealing its 2015 net neutrality rules. In upholding the FCC’s 2017 decision, the Court reverses its prior decision where it fully upheld the FCC’s 2015 net neutrality rules.