Net neutrality was repealed a year ago. Gigi Sohn explains what’s happened since

Episode Summary

Executive Summary: The episode examines the aftermath of the U.S. net neutrality repeal with Gigi Stone, arguing that the damage has been incremental but serious: weakened FCC oversight, public-safety risks, privacy abuses, and unfair broadband fees. Stone says the FCC abdicated consumer protection, the FTC is ill-equipped to replace it, and only legislation can fully restore broadband rules and accountability.

Main Topics: Net neutrality repeal and FCC abdication (Priority: 5/5): Stone argues the 2017 repeal did more than remove blocking/throttling rules; it also stripped the FCC of meaningful broadband oversight and shifted responsibility to an ill-suited FTC. Public safety and emergency throttling (Priority: 5/5): A major example discussed is Verizon throttling Santa Clara County Fire Department broadband during California wildfires, showing how the repeal can affect life-and-property issues. Privacy and location-data abuse (Priority: 5/5): The conversation covers mobile carriers allegedly selling precise geolocation data to brokers and bounty hunters, reinforcing concerns about weak consumer protection without FCC privacy rules. FCC complaint handling and consumer fees (Priority: 4/5): Stone cites the Frontier router-fee case as evidence that broadband companies can impose dubious charges while the FCC effectively defers to the industry’s own responses. The court challenge to the repeal (Priority: 4/5): The interview explains the pending D.C. Circuit case testing whether the FCC legally reclassified broadband as an information service and whether its transparency rule and state-preemption claims can stand. Investment claims and ISP behavior (Priority: 4/5): Stone rejects the argument that repeal boosts investment, calling it a red herring and noting that investment patterns are driven more by competition and market conditions than by net neutrality status. 5G hype and merger policy (Priority: 4/5): The discussion criticizes the framing of 5G as a race used to justify deregulation and the T-Mobile/Sprint merger, with skepticism toward engineered competition and claims about rural benefits.

Key Arguments: The FCC’s repeal removed not only net neutrality protections but also meaningful oversight of broadband providers, leaving consumers and competitors with little recourse. The Verizon throttling of a fire department during wildfires shows net neutrality is not just a consumer issue; it can become a public-safety issue. The sale of precise location data to brokers and bounty hunters demonstrates how weak oversight can enable serious privacy harms. The FTC cannot substitute for the FCC because it lacks rulemaking power, technical expertise, and the ability to proactively police discriminatory broadband conduct. The Frontier router-fee case shows that even when a customer owns their own equipment, a provider can impose fees and the FCC may simply defer. Claims that repeal increased investment are inconsistent with market realities and do not explain broadband behavior; investment is driven by competition and economics. The pending court case matters because the FCC’s legal rationale for reclassifying broadband and preserving the transparency rule may be vulnerable. 5G is being oversold as a national emergency or race, when it is really a long-term infrastructure buildout that should not justify bad mergers or policy shortcuts. A fourth national wireless competitor cannot be manufactured easily through spectrum transfers and politically favored deals; true competition needs actual scale and customers. Even if the court upholds the repeal, Stone argues Congress should enact legislation restoring the 2015 open internet rules and FCC authority.

Data Points: Time since repeal: About 1 year and 1 week - Host frames the discussion as occurring roughly a year after the official net neutrality repeal took effect. Wildfire throttling duration: 7 months - Verizon and the Santa Clara County Fire Department reportedly argued for seven months over throttling and pricing during California fires. Price increase demanded: More than double prior payment - Verizon allegedly said throttling would stop only if the fire department paid more than twice its previous rate. Location-data carriers involved: T-Mobile, Sprint, and AT&T - Stone cites multiple carriers allegedly selling customers’ precise geolocation data to brokers and bounty hunters. FCC privacy rules year: 2016 - Stone says FCC privacy rules adopted in 2016 would likely have prevented the location-data issue by requiring opt-in collection. Customer router fee: $10 per month - Frontier allegedly charged a customer monthly for router rental even after the customer bought his own router. Customer router purchase: $200 - The customer reportedly bought his own router for use with the existing broadband system. States with net neutrality laws introduced: 34 states - Stone says states responded to the repeal by introducing their own net neutrality legislation in 34 states. States with active laws: About a dozen to 16 states - Stone estimates that roughly 12 to 16 states have adopted some form of net neutrality law. States suing to block merger: 13 states + District of Columbia - Stone notes a coalition of state attorneys general sued to block the Sprint-T-Mobile merger. FTC hearing timing: About four months earlier - Stone says she testified at an FTC hearing on broadband competition roughly four months before the interview.

Pivotal Quotes: "“I actually think they’re very big things. And I think they’re just, they’re the very, very beginning of worse things to come.”" — Gigi Stone: Stone pushes back on the idea that the repeal produced only minor harms. "“We’re delegating our oversight of the broadband industry to the broadband industry.”" — Gigi Stone: Stone criticizes the FCC’s handling of the Frontier complaint and broader regulatory retreat. "“Building 5G networks is a marathon. It’s not a sprint.”" — Gigi Stone: Stone argues against the ‘race to 5G’ narrative used to justify policy decisions and merger support.

Implications: Listeners should expect continued state-federal conflict, slower consumer protection, and more pressure for congressional action. The episode suggests broadband pricing, privacy, and public-safety abuses may grow unless legislation restores FCC authority.