Net neutrality regulations have been dead for years, and they should stay that way. Unfortunately, the Federal Communications Commission has moved to reopen and re-litigate the issue. FCC Chairwoman Jessica Rosenworcel has initiated a new rule-making that would enact what are largely the same net neutrality rules tried back in 2016. The law has changed and markets have changed, and yet the arguments for and against net neutrality have largely remained the same. The strongest argument against the rules is that it puts services that people love under FCC scrutiny. Fortunately, net neutrality rules are not likely to survive legal scrutiny this time around, thanks to a 2021 Supreme Court decision in West Virginia v. EPA, where the Court relied on the so-called major questions doctrine to make it more difficult for agencies to expand their power. Unless Congress has granted it explicit, clear-cut authority, the Court said, an agency cannot regulate a major economic or political issue. This probably applies to net neutrality. Additionally, just as the FCC is facing a tougher court, it will also face a tougher court of public opinion. Net neutrality was meant to stop internet service providers from limiting content. But several years after repeal, it feels like it's everyone other than ISPs that actually limited content.

[Will Rinehart is a senior research fellow at the Center for Growth and Opportunity at Utah State University.]

Director of the Illinois Office of Broadband, Matt Schmit, has been working for over 20 years in economic development, and began his public interest career as a grad student at University of Minnesota. There, he spent his spare time doing consulting work with local communities to take stock of their connectivity needs and make use of federal broadband funding programs. At the Illinois Office of Broadband, he says he’s doing similar work as the state looks to allocate over $1 billion in Broadband Equity, Access and Deployment (BEAD) funds. Schmit is optimistic about the outcome of BEAD in Illinois. “We’re in a position to actually achieve universal connectivity,” he said. He attributes that to three things: a robust state broadband office and grant program, a close relationship with local governments throughout the BEAD planning process, and partnerships with outside organizations. Schmit’s office has also put effort into preparing counties and other local governments in Illinois for deploying broadband infrastructure. He said Illinois 50 counties and neighborhoods have gone through at least one training program run by his office as the state has disbursed broadband grants. 

Google Fiber is pleased to submit the recommendations below for broadband leaders to consider as they structure their BEAD Five-Year Action Plans and Initial and Final Proposals. Over the past decade, GFiber has launched gigabit-speed internet service in nearly 20 major metropolitan areas, setting a new standard for internet speeds, climbing to the top of industry rankings in customer satisfaction, injecting meaningful competition into a fossilized industry, and driving other providers to upgrade the speeds and service they offer their customers. As a company that has long been a leader and innovator in broadband deployment and access, and one that believes that choice and competition in the broadband space create a rising tide that lifts all boats, we believe there are several infrastructure and deployment policies that will help broadband leaders achieve their goal of bringing affordable, high-quality internet access to all residents. Removing barriers for broadband deployment will help stakeholders bring connectivity to as many households as possible – more quickly and with less disruption. The following six recommendations answer a straightforward question: What can state broadband leaders do right now to remove barriers for broadband deployment? We hope you will find these suggestions helpful as you continue to expand broadband access across your state.

The Federal Communications Commission's Enforcement Bureau settled an investigation into DISH for its failure to properly de-orbit its EchoStar-7 satellite. This marks a first in space debris enforcement by the FCC, which has stepped up its satellite policy efforts, including establishing the Space Bureau and implementing its Space Innovation Agenda. The settlement includes an admission of liability from the company and an agreement to adhere to a compliance plan and pay a penalty of $150,000. The FCC’s investigation found that the company violated the Communications Act, the FCC rules, and the terms of the company’s license by relocating its direct broadcast satellite (“DBS”) service EchoStar-7 satellite at the satellite’s end-of-mission to a disposal orbit well below the elevation required by the terms of its license. At this lower altitude, it could pose orbital debris concerns. In February 2022, DISH determined that the satellite had very little propellant left, which meant it could not follow the original orbital debris mitigation plan in its license. DISH ultimately retired the satellite at a disposal orbit approximately 122 km above the geostationary arc, well short of the disposal orbit of 300 km specified in its orbital debris mitigation plan.