FCC Votes 3-2 for Strong Net Neutrality Protections Through Title II Reclassification After Record Public Engagement

The Federal Communications Commission approves landmark net neutrality protections by a 3-2 party-line vote, reclassifying broadband internet service as a “telecommunications service” under Title II of the Communications Act of 1934 to establish legally enforceable rules prohibiting blocking, throttling, and paid prioritization. Democratic Commissioners Jessica Rosenworcel and Mignon Clyburn joined Chairman Tom Wheeler in supporting the measure, while Republican Commissioners Ajit Pai and Michael O’Rielly dissented, with Pai accusing the majority of acting “because President Obama told us to.”

The decision represented a dramatic reversal for Wheeler, who had proposed permitting paid prioritization “fast lanes” just nine months earlier before massive public opposition—nearly four million comments, overwhelmingly supporting strong protections—and pressure from President Obama forced him to embrace robust Title II-based rules. Wheeler, a former cable and wireless industry lobbyist whose appointment had initially alarmed net neutrality advocates, defended the rules by stating they would ensure “that no one—whether government or corporate—should control free open access to the Internet.” The regulations prohibited ISPs from blocking lawful content, throttling internet traffic based on content, and creating paid “fast lanes” for content companies, while requiring transparency in network management practices.

The Title II approach provided the legal foundation that previous net neutrality rules had lacked, addressing the DC Circuit Court’s criticism in the 2014 Verizon decision that only common carriers could be subjected to non-discrimination requirements. However, the partisan 3-2 vote and Republican commissioners’ vehement opposition foreshadowed the rules’ vulnerability to future Republican-controlled FCCs. The protections would take effect on June 12, 2015, but would survive less than three years before Ajit Pai—the same commissioner who dissented on this vote—would lead the repeal effort after being appointed FCC Chairman by President Trump in 2017, demonstrating how regulatory protections remain precarious when dependent on the political composition of agencies rather than Congressional legislation.