The path to restoringnet neutralityin the United States has once again been started down. President Joe Biden issued an executive order Friday calling for the country to restorenet neutrality, just one of 72 different initiatives built around the idea of “open and fair competition.” The executive order itself does not implement net neutrality, but provides the authoritative support for the FCC to move forward with implementing new rules to curb exploitative business decisions from internet providers.
Biden’s executive order specifically calls out internet providers within the United States. It describes how “big providers can use their power to discriminatorily block or slow down online services.” It then points to the rules of former President Barack Obama’s administration as ensuring that internet providers treat all online traffic equally. Biden’s order then “encourages” the FCC to restore these Obama-era net neutrality rules which were undone by the FCC underPresident Donald Trump. Biden’s order, notably, doesn’t mention Trump by name.
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In order to restore net neutrality rules, theFCCcommissioners would have to vote to do so. Chairwoman Jessica Rosenworcel certainly has the will to do so, with Rosenworcel previously describing Trump’s rollback of net neutrality rules as a “stain” on the FCC. Rosenworcel also said she welcomed Biden’s effort to “enhance competition” through his executive order. She doesn’t mention net neutrality by name, however.
While the FCC chairwoman appears to have the will, she does not yet have the means to bring back net neutrality even with Biden’s support. The FCC continues to sit at four commissioners following the resignation of previous chair Ajit Pai, who has been replaced by acting chairwoman Rosenworcel, and Commissioner Michael O’Rielly, who has yet to be replaced. That leaves the FCC’s remaining commissioners in a stalemated 2-2 position along ideological poles. One commissioner position remains unfilled.
Despite Biden’s executive order and despite placing chairwoman Rosenworcel at the head of the FCC, Biden has failed to nominate a new commissioner to fill the FCC’s empty seat. 57 advocacy groups wrote a letter to Biden andVice President Kamala Harrisin June pushing for a nomination. A month later and Biden has still failed to do so.
As a result, the US remains without net neutrality rules in place, as it has been since Trump’s FCC removed them in 2018. Biden’s executive order provides the impetus needed to reenact net neutrality within the FCC, which can’t do so until Biden nominates a new FCC commissioner who then must be voted through theUS Senate. Needless to say, despite Biden’s encouragement and executive order, progress towards bringing backnet neutralityremains paused.
