Expert Voices

Real net neutrality is rooted in Title II

Two years ago this week, the FCC adopted net neutrality rules that protect an open and unfettered Internet. Net neutrality is the principle that the big media companies that provide internet access should not be able to pick winners and losers.

Most importantly, after two previous attempts to enforce net neutrality failed in court, the FCC grounded its rules in the strongest legal authority. It did so by ruling that broadband is a "telecommunications service" under Title II of the Communications Act. Title II is the portion of the law that gives the FCC power to protect consumers from, among other things, fraudulent billing, privacy violations and price gouging. Last June, a federal court upheld those rules, making net neutrality the law of the land.

Unfortunately, current FCC Chairman Ajit Pai has announced his intention to take a "weed whacker" to the rules and to the legal authority on which they are based. More recently, he said, "I favor net neutrality, but I oppose Title II." This should fool no one — there's no net neutrality without clear FCC authority to protect consumers and competition in the broadband market. Right now, that authority is vested in Title II.