Telecommunications regulations have a long and storied history in politics and government, and it was recently declared that net neutrality falls under these previously established rules. At the issue’s center is whether the Federal Communications Commission (FCC) should regulate the Internet to ensure fair access for all or whether to leave the fate of the United States’ broadband communications abilities in the hands of free markets.


In the latest development, after President Barack Obama called for it in November 2014, FCC Chairman Tom Wheeler announced in January his intent to propose that the Internet be reclassified under the FCC’s Telecommunications Act of 1996 Title II. In February, the FCC passed the new rules that would reclassify the Internet as a utility and Internet service providers (ISPs) as common carriers.


At the meeting in which the FCC approved the rules, Wheeler stated the policy would ensure no one—whether government or corporate—would hinder free, open access to the Internet.


The new policy passed by a vote of 3–2, the dissenting votes coming from FCC commissioners Michael O’Rielly and Ajit Pai, who claimed the FCC was exceeding its authority and expressed dissatisfaction that the document wasn’t publicly released or openly debated before the vote.


Without the FCC’s oversight, ISPs were free to create so-called “fast lanes,” which net-neutrality proponents argued could lead to unfair advantages for large corporations that could pay for better, more reliable service. After Verizon won a lawsuit that struck down the FCC’s former rules in January 2014, online video-streaming company Netflix made headlines as ISPs required it to pay additional fees for its customers to access its services.


Net-neutrality proponents claim ISPs effectively have a monopoly, referred to as an oligopoly, in which the companies agree not to compete with each other and to maintain their own territories. Title II reclassifies the Internet as a utility and ISPs as common carriers, effectively ensuring all Americans benefit from equal access to lawful websites and services.


ISPs are generally resistant to classifying the Internet under Title II, because they fear it could give the FCC the ability to set rates and standards of service, which could undermine those companies’ ability to grow.


As of this writing, the FCC had yet to release the details of the new rules. In addition, it was unclear how ISPs would react to the new rules. When the FCC passed its previous rules, it resulted in a lawsuit. ISPs could comply with the new rules or file another lawsuit.