15 Association of Research Libraries Research Library Issues 293 2018 Issues with Reversal of the Open Internet Order Although the FCC suggested that its transparency rule is an effective substitute for its prior regulation of ISPs under the theory that competition will protect consumers, in practice broadband providers are likely to engage in blocking, throttling, and paid prioritization without consequence. The vast majority of individuals in the United States only have one or two broadband options.2 For example, users in remote or rural areas usually only have one ISP offering service because only one company has made the investment in that area. Individuals living in apartments may also only have a single option due to building structure and wiring requirements or management company rules and contracts. Without rules protecting net neutrality, ISPs have an incentive to slow down or block certain traffic or require content providers to pay extra to speed up their traffic. For example, Fox News might pay an ISP to speed delivery of their content, making access to Fox News’ coverage quicker than coverage from CNN or BBC. An ISP might throttle Netflix’s connection in favor of its own affiliated video services. Even in the absence of paid priority agreements or affiliated content, an ISP may block or throttle content with which it disagrees. For example, an ISP may make it more difficult to access a campaign site for a candidate that wants stronger regulations. Without rules protecting net neu- trality, ISPs have an incentive to slow down or block certain traffic or require content providers to pay extra to speed up their traffic. This categorical reversal of the 2015 net neutrality rules appeared to have a predetermined outcome without true engagement of public comment FCC Chairman Pai previously vowed to take a “weed whacker” to the net neutrality regulations.3 Most of the comments submitted to the FCC supported net neutrality (and this volume is supported by public polling data showing overwhelming public support for an open internet), but were largely ignored.
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