Billy Long: Net neutrality is a disgrace

(From Seventh District Congressman Billy Long)

It’s that time of year. No, not that time of year where the world falls in love and every song you hear seems to say, "Merry Christmas, may your new year dreams come true.” It’s that time of year when people are going to start talking about net neutrality. 

Big corporations and the media are going to tell you how the federal government needs to reinstate net neutrality rules or the internet as you know it will never be the same; your Netflix will be throttled, and your favorite websites will cease to exist without it. 

If you pay close attention, these companies always fail to mention one important thing amongst their internet doomsday warnings: what net neutrality actually is.

At the advent of the internet, the Federal Communications Commission (FCC) encouraged broadband deployment and development of the internet through a light-touch regulatory framework. 

In 2002, the FCC ultimately classified broadband internet access as an “information service” under Title I of the Communications Act, exempting it from the heavy hand of FCC regulation. This hands-off approach to regulating the internet helped internet and e-commerce companies grow and prosper.

In 2015, the Obama Administration’s FCC decided to regulate broadband internet access under Title II of the Communications Act instead of Title I. This officially classified the internet as a “common carrier." Title II allows the federal government to have exponentially more regulatory control over the internet. 

The Obama administration termed this “net neutrality” and ensured that if the government has heavy regulatory control over the internet, that they will make sure that big bad corporations don’t destroy the internet as we know it. This change was responsible for a significant decline in private sector broadband investment.

In 2017, the Trump Administration’s FCC reclassified broadband internet access under Title I as it had been for nearly 14 years. Now, President Joe Biden’s FCC will likely consider putting the heavy hand of government back in the internet by reclassifying it under Title II. 

The negative impact of net neutrality regulations can be seen firsthand in California. California implemented its own net neutrality laws after the Trump administration rolled back the Obama-era regulations. 

We are now seeing internet providers in the state inform the Department of Veterans Affairs (VA) that the California law would force them to end agreements with wireless carriers that enable veterans to have free access to the VA Video Connect application.

The VA Video Connect app allows veterans to meet with their VA health care providers virtually rather than in person; a critical service during the COVID-19 pandemic. Under current agreements, wireless carriers allow veterans to use the app without it applying towards their mobile data plan. 

This means that if you have a 50GB plan, for example, none of the data used to meet with your VA doctor virtually through the app will be counted against you. Net neutrality regulations in California do not allow for a net-zero application and therefore companies need to suspend this service for veterans. 

This is a disgrace and that is why my colleagues and I sent a letter to the FCC this week outlining this problem and asking them not to take a heavy-handed regulatory approach.

I support a free and open internet. All internet traffic should be treated equally, and by and large, this is the way the internet has always operated, and will continue to operate. I support an open internet that does not discriminate on content and protects free speech and consumer privacy. 

It is now time for Congress to permanently enact rules against blocking and throttling, to protect consumers and settle this debate. I look forward to working towards a permanent, bipartisan legislative solution for net neutrality that includes input from all stakeholders.