Chapter 9 Net Neutrality in the USA During COVID-19

The COVID-19 pandemic provides an opportunity to review net neutrality and the notion that bright light rules are necessary to hold broadband providers from exercising market power. The 2015 Federal Communications Commission (FCC) Open Internet Order asserted that broadband providers have the capability and incentive to harm their customers and third-party service providers. It imposed a set of rules to control broadband providers’ offers, prices, and traffic management. The 2017 FCC vacated all but the transparency provisions of the OIO, restoring the oversight of broadband to the FTC. This paper offers a review of the evidence regarding the effects of net neutrality regulation, including an investigation of the incidence of violations, or lack thereof, during the 2020 pandemic in the United States. It provides a review of the net neutrality literature and the international research on broadband provider behaviour during COVID-19. The paper presents original research conducted with FCC and FTC reports and a survey of news stories. Brief reviews of federal data on network performance and broadband adoption provide additional context. Given the limited incidence of violations that could be uncovered for the period, the paper suggests why broadband providers behaved opposite to regulatory advocates’ predictions. Contrary to many policy assertions, broadband providers did not block or throttle service, nor did they increase prices arbitrarily or decrease quality. Broadband providers appeared to expand availability, lower broadband prices, and make more networks available, frequently without customer charge. The paper suggests how policy could be updated to reflect the actual behaviour of broadband providers.