1. What is Net neutrality?
Answer: The principle that Internet service providers (ISPs) must treat all Internet traffic equally, without blocking, slowing down, or charging higher fees for certain content or services.

2. Why is reclassifying broadband Internet as a “telecommunications service” under Title II controversial?
Answer: It would subject Internet access to a wide range of possible regulation and potential unintended consequences, such as oversight on rates, forced equipment sharing, and new taxes.

3. What are the legal obstacles to reclassifying broadband Internet under Title II?
Answer: The Communications Act does not give the FCC authority to determine what is and is not a telecommunications service, and courts have already ruled that broadband Internet is an unregulated “information service.”

4. Who would oppose the FCC’s reclassification of broadband Internet under Title II?
Answer: The communications industry, members of Congress, courts, and consumers.

5. Has the FCC ever attempted to reclassify broadband Internet under Title II before?
Answer: Yes, but courts have struck down those attempts.

6. What are the potential consequences of the FCC reclassifying broadband Internet under Title II?
Answer: Increased regulation, higher costs for consumers, and potential reduction in innovation.

7. What is the “broadcast flag”?
Answer: A technology that would have allowed broadcasters to control how or if their programs could be copied to DVRs and other time-shifting devices.

8. Why did the D.C. Circuit shoot down the FCC’s “broadcast flag” rules?
Answer: The court found that the FCC overstepped its authority by relying solely on its ancillary jurisdiction to issue the rules.

9. Why did Congress keep Internet access out of the FCC’s clutches in 1996?
Answer: To encourage innovation and competition in the Internet market.

10. What is the purpose of the Universal Service Fund?
Answer: To provide basic phone service to those who cannot otherwise afford it.

11. What is the FCC’s “ancillary jurisdiction”?
Answer: The limited authority that the FCC has to regulate activities related to its core regulatory authority over telecommunications services.

12. What is AT&T’s historical significance in the telecommunications industry?
Answer: AT&T was a “legal monopoly” that controlled telecommunications service and equipment in the Stone Age of the Internet.


The FCC’s proposed Net neutrality rules aim to make ISPs adhere to the principle of equality in Internet traffic handling. However, concerns arise from the potential legal and policy implications of reclassifying broadband Internet as a “telecommunications service” under Title II of the Communications Act.

Such a move could subject the Internet to a wide range of regulations, including rate oversight, equipment sharing, and new taxes. Critics argue that the FCC lacks authority to make this determination on its own and that Congress should be involved in such a substantial policy shift.

The debate over regulating broadband Internet reflects the ongoing tension between the need for consumer protection and the desire to promote innovation in the digital realm. As the FCC considers its path forward, it will face opposition from the communications industry, legislators, courts, and consumers who question the legal basis and potential consequences of its proposed reclassification.

The outcome of this debate will shape the future of Internet regulation and has implications for the way we access and utilize online content and services. For further insights and updates, visit our website.