Net neutrality under Title II was far from ‘neutral’

Despite the outcry from the political left, Chairman Ajit Pai and the Federal Communications Commission’s decision to end Title II regulation of the internet is the right move for individuals of all political stripes looking to create and share content on the internet. Government rules mandating that internet service providers treat all applications the same […]

Net neutrality under Title II was far from ‘neutral’

Despite the outcry from the political left, Chairman Ajit Pai and the Federal Communications Commission’s decision to end Title II regulation of the internet is the right move for individuals of all political stripes looking to create and share content on the internet. Government rules mandating that internet service providers treat all applications the same provided service providers less incentive to experiment with new ideas of how to get consumers the products they want.

Thankfully, due in part to Pai’s leadership, this ill-conceived rule has now been overturned after just a few years. Notably, Title II flew in the face of years of bi-partisan agreement that government should maintain a “hands-off” policy towards the internet.

In 1996, it was agreed that the internet was an information service and should be classified under the light touch regulation of Title I, not 1934’s Title II, but in 2015, instead of implementing ‘innocuous’ Net Neutrality consumer protections, the Obama FCC forced through a major expansion of regulatory state power by reclassifying the internet under Title II.

Ironically, Title II (what the left calls Net Neutrality) amounts to a massive subsidy for some of the biggest corporations in the world. You see heavy users of the internet love having all traffic treated the same under the law. It is a subsidy imposed on service providers for the benefit of heavy users. Those heavy users include Netflix and Google-owned YouTube which combined consume more than half of all bandwidth on the internet.

I don’t have any problem at all with these companies (aside from their desire to use government to prevent them and their customers from covering the price of their service), but since when do “progressives” support “the little guy” subsidizing mega-corporations? Netflix and Youtube are great businesses, but should it really be the policy of the federal government that their customers can never be charged more than the proprietor of a “mom and pop” online business or even a non-profit like Rio Grande Foundation for its consumption of internet bandwidth?

Once Title II is undone at the federal level, it is critical that the FCC preempt states looking to impose Title II-type restrictions at the state and local level. While this may sound like it goes against the principal of state sovereignty, only Congress has the ability to regulate interstate commerce – and given the inherent interstate and international nature of the internet, this interstate limitation would apply.

Firms looking to sell any type of product have a natural incentive to accommodate the desires of potential customers and improve upon inefficiencies in the current market. Letting that incentive work is how Netflix, Google, YouTube, Amazon, and other tech giants emerged, and it’s how future innovative companies will come about too.

Paul Gessing is the president of New Mexico’s Rio Grande Foundation, a libertarian-oriented think tank based in New Mexico.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…

NM Supreme Court annuls $10,000 penalty in PNM/Avangrid merger case

The New Mexico Supreme Court ruled on Monday that a penalty the New Mexico Public Regulation Commission levied against the state’s largest utility was…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…

GET INVOLVED

© 2023 New Mexico Political Report