Internet Access Close to Legal Recognition as Essential Public Telecommunications Service

In a landmark move, the Federal Communications Commission (FCC) is poised to reclassify broadband internet as a telecommunications service, aligning it with other essential utilities like water and electricity. This reclassification under Title II of the Communications Act of 1934, spearheaded by FCC Chairwoman Jessica Rosenworcel, aims to ensure all Americans have access to reliable internet—a necessity underscored by the digital demands of modern life. The proposed changes, which are up for a vote on October 19, 2023, also include enhanced protections for consumers, national security, and public safety​​.

The reclassification stems from the need for consistent regulatory authority over broadband services, a response to the piecemeal regulations that arose after the 2018 repeal of net neutrality protections. By reinstating these regulations, the FCC seeks to safeguard an open internet where service providers cannot block or throttle lawful content. Additionally, the initiative promises to boost network security and resilience, essential for protecting national infrastructure and personal data​.

Further, the draft Notice of Proposed Rulemaking (NPRM) issued by the FCC highlights the potential for these changes to promote public safety through improved emergency communication systems and to ensure that internet services are accessible to people with disabilities, adhering to the goals of the 21st Century Video and Communications Accessibility Act (CVAA)​​.

In parallel, the Biden-Harris administration has allocated substantial funds towards enhancing digital equity and inclusion, demonstrating a federal commitment to close the digital divide. This initiative not only supports infrastructure development but also addresses the accessibility of digital resources, aiming to equip all Americans with the necessary tools and skills to thrive in a digitally-driven economy​.

The implications of this reclassification are significant, extending beyond simple internet access to include broader aspects of public welfare, security, and economic opportunity. As this proposal moves forward, it marks a pivotal step in recognizing and cementing internet access as a fundamental public utility in the United States.