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Regulating Internet Access: Lessons from

COVID-19



July 20, 2020
As some states and localities have paused re-opening efforts in response to recent increases in COVID-19
cases, internet access continues to serve a critical role to help many individuals work, learn, and receive
healthcare from home. The Federal Communications Commission (FCC or Commission) has encouraged
internet service providers to expand internet access and ensure that networks can support increased traffir.
A centerpiece of the FCC's approach in the early stages of the COVID-19 emergency was the Keep
Americans Connected Pledge. Internet providers who took the voluntary pledge promised to waive late
fees and not disconnect a customer's service through June 30. With the expiration of the pledge, FCC
Chairman Ajit Pai has called on internet providers to offer continuing support to customers affected by
COVID- 19.
Beyond encouraging voluntary efforts-either through direct entreaties like the Keep Americans
Connected Pledge or through financ ial inc entives-it is unclear what steps the Commission can take to
regulate internet providers to continue to provide service to customers. While the FCC possesses authority
under Title II of the Communications Act of 1934 to regulate providers of telecommunications services,
the Commission has classified broadband internet service as an information service subject to lesser
regulation. The FCC may thus lack authority to compel any action from broadband providers.

This Legal Sidebar discusses how the FCC's statutory authority under the Communications Act applies to
broadband internet access. The Sidebar concludes with a brief discussion of how the FCC's interpretation
of its statutory authority has shaped the Commission's response to COVID- 19 and the congressional role
in regulating broadband access.

FCC Authority Under the Communications Act

The FCC's regulatory authority under the Communications Act of 1934 extends over communications
made by wire or radio in interstate or foreign commerce. However, the scope of the Commission's
authority varies depending on the service being regulated. TheAct grants the Commission affirmative
authority to regulate common carriers, radio, and cable communications. The common carrier
provisions of the Communications Act, grouped under Title II of the Act, permit the Commission to
regulate the c harges, practic es, c las sific ation s, and regulations as s ociated with the provis ion of
telcc ommunications scrvice. Title II requires common carriers to (1) furnish... communication

                                                                Congressional Re search Service
                                                                  https://crsreports.congress.gov
                                                                                    LSB10520

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