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Net Neutrality Repeal: FCC Eliminates Open Internet Rules Over Widespread Opposition

Net neutrality rules required internet service providers to treat all internet traffic equally — not to slow down or block Netflix while favoring their own streaming service, or charge websites for premium delivery. The repeal allowed ISPs to create tiered access to the internet. The FCC's public comment process was flooded with millions of fake comments submitted using stolen identities; the New York attorney general investigated. Pai's arguments that the repeal would increase broadband investment were contradicted by ISPs' own earnings statements and CEO comments to investors.

Record summary

Grade

Grade 2 of 5: Major Abuse of Power

Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
Washington, D.C.
Category
Federal Dismantlement
Legal posture
Reported
War-crime classification
Enabling conduct
Verification
Independently verified
ICC relevance
No
Sources
3 cited
Stable ID
trump-net-neutrality-repeal-fcc
Victims
Internet users whose access to information could be throttled or blocked by ISPs; small businesses and content creators competing with ISP-affiliated services; public discourse dependent on the internet
Alleged responsible parties
  • Donald Trump, President; appointed FCC Chairman Pai; administration supported the repeal— White House
  • Ajit Pai, FCC Chairman; former Verizon attorney; led the 3-2 party-line repeal vote— Federal Communications Commission

Key points

  • The 2015 net neutrality rules had classified broadband as a 'telecommunications service' under Title II of the Communications Act, giving the FCC authority to prohibit blocking, throttling, and paid prioritization; the 2017 repeal reclassified broadband as an 'information service,' removing this authority
  • The FCC's public comment process for the repeal received approximately 22 million comments, the largest in FCC history; the New York attorney general's office investigated and found that millions of comments were fake, submitted using stolen identities — including the names of sitting U.S. senators; the comment process was essentially fraudulent
  • FCC Chairman Ajit Pai was a former associate general counsel at Verizon Communications before his appointment; his repeal directly benefited his former employer and other large ISPs; he dismissed criticism of this conflict of interest
  • Pai argued the repeal would increase broadband investment; major ISP CEOs and earnings reports had previously indicated to investors that net neutrality rules had not reduced investment; after the repeal, several ISPs acknowledged they had already factored the rules into their investment plans
  • Multiple states enacted their own net neutrality rules after the federal repeal; California's law was the most comprehensive; it was challenged by the FCC and ISPs but upheld by the Ninth Circuit
  • The Biden administration's FCC reinstated net neutrality rules in 2024; the rules were immediately challenged in court

Overview

The FCC repealed net neutrality in December 2017 on a 3-2 party-line vote. The chairman who led the repeal was a former Verizon attorney. The repeal benefited Verizon and other large ISPs. Eighty-three percent of Americans opposed the repeal in polls.

The public comment process generated 22 million comments, millions of which were fake, submitted using stolen identities. The New York attorney general investigated. Nothing changed the outcome.

What Net Neutrality Did

Net neutrality rules required ISPs to treat all internet traffic equally. An ISP that also owns a streaming service could not slow down Netflix to advantage its own product. An ISP could not charge a small website more for the same delivery speeds it gave larger websites.

These rules existed because ISPs control the physical infrastructure through which all internet traffic flows — giving them gatekeeping power over competitors and content.

The Comment Fraud

The FCC's public comment process was designed to collect genuine public input. It received 22 million comments — a record. The New York attorney general investigated and found that millions were submitted using stolen identities, including the names of sitting U.S. senators who had not made comments.

The record number of comments thus recorded a massive fraud. Chairman Pai proceeded with the repeal anyway.

The Investment Argument

Pai's central argument was that net neutrality had suppressed broadband investment and the repeal would increase it. ISP executives had previously told investors that net neutrality rules had not materially affected their investment plans. After the repeal, several ISPs acknowledged they had already factored the rules into long-term capital projections.

The investment argument was not supported by the evidence from the industry it was meant to benefit.

Update log

  1. Updated when repeal took effect.

Sequence of events

  1. FCC enacts net neutrality rules under Obama

    The Obama FCC votes 3-2 to classify broadband as a Title II telecommunications service and enact net neutrality rules prohibiting blocking, throttling, and paid prioritization.

  2. Pai appointed FCC Chairman

    Trump appoints Ajit Pai — former Verizon attorney — as FCC Chairman. Pai announces plans to repeal the 2015 net neutrality rules.

  3. FCC votes 3-2 to repeal net neutrality

    The FCC votes 3-2 along party lines to repeal net neutrality rules, reclassifying broadband as an information service and removing the FCC's authority to prohibit ISP discrimination.

  4. Repeal takes effect

    The net neutrality repeal takes effect. States begin enacting their own net neutrality rules. The repeal is challenged in federal court.

Sources

  1. F.C.C. Repeals Net Neutrality Rules — The New York Times
  2. FCC votes to repeal net neutrality rules — The Washington Post
  3. FCC repeals net neutrality protections — The Associated Press

How this record was published

Manually curated This entry was added directly and does not carry an automated audit trail.

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