The FCC Votes to Kill Net Neutrality — What Happens to Your Internet Now?
The FCC's Republican majority just voted 3-2 to repeal the 2015 Open Internet Order, ending the strongest net neutrality protections in American history. Chairman Ajit Pai called the rollback "Restoring Internet Freedom." Critics call it the death of the open internet. The truth is somewhere between, but probably closer to the second one.
Let's walk through what actually changed, what it means in practice, and what comes next.
What the Repeal Does
The 2015 rules did three main things:
-
Reclassified broadband as a Title II telecommunications service, giving the FCC stronger legal authority to regulate ISPs.
-
Banned blocking, throttling, and paid prioritization — the three core net neutrality protections.
-
Created a general conduct standard allowing the FCC to address harmful ISP practices that didn't fit into the other categories.
Pai's repeal undoes all of this. Broadband returns to Title I information service classification. The bright-line rules against blocking, throttling, and paid prioritization are eliminated. The FCC's authority over ISP behavior is dramatically reduced.
In place of the FCC rules, Pai is putting authority over ISP practices in the hands of the Federal Trade Commission. ISPs will be required to publicly disclose their network management practices, and the FTC can pursue enforcement actions if ISPs violate their own disclosed policies.
Here's the catch: the FTC has limited authority over common carriers, and ISPs have argued in court that they qualify as common carriers for this purpose — which would mean the FTC has no jurisdiction over them at all. The legal framework for post-repeal enforcement is genuinely unclear.
What ISPs Can Now Do (Legally)
Without the bright-line rules, large ISPs gain significant new flexibility:
Throttling specific applications. Comcast or Verizon could legally slow down Netflix, Skype, or any other application on their networks. They don't have to do this transparently — they just have to disclose the practice somewhere in their terms of service.
Paid prioritization (fast lanes). ISPs can charge content companies extra to deliver their traffic faster. Big companies that can afford to pay get priority. Small startups and noncommercial sites get whatever bandwidth is left over.
Blocking websites. Technically allowed if disclosed. Realistically, no major ISP is going to outright block popular websites because the public backlash would be devastating. But blocking smaller sites or specific services? Much more plausible.
Zero-rating without restriction. ISPs can exempt their own content (or content from companies that pay them) from data caps while counting competitors' content against the cap. AT&T was already doing this with DirecTV Now. Expect more aggressive versions now that the FCC won't push back.
Pai's argument is that ISPs won't actually do these things because market competition will discipline them. If Comcast throttles Netflix, customers will switch to another ISP. The flaw in this argument is obvious: most American broadband subscribers have one or two real choices for high-speed internet. There's no competitive market to discipline ISP behavior.
What Changes Immediately
Practically speaking, very little changes in the next few weeks. ISPs aren't going to flip a switch and start blocking websites the day the repeal takes effect. They've spent years lobbying for this change, and they understand that aggressive moves would invite backlash and possibly congressional action.
Expect a slow boil instead. Subtle throttling that's hard to prove. Paid prioritization deals that get disclosed in obscure documents and noticed by approximately nobody. Zero-rating arrangements that favor big ISP-affiliated content providers over independent streaming services. New "premium" tiers with mysterious benefits.
The danger isn't that everything changes overnight. It's that the structural protections against ISP gatekeeping are gone, and the consequences will play out gradually over years.
What This Means for Specific Activities
Streaming video. The biggest immediate concern. Netflix, YouTube, and other streaming services are bandwidth-intensive and depend on ISPs delivering their traffic without interference. Without net neutrality rules, ISPs can throttle streaming services that compete with their own video products. Expect interconnection disputes — like Netflix had with Comcast in 2014 — to become more common and harder to resolve.
Online gaming. Gamers care deeply about latency and reliable connections. ISPs could legally prioritize gaming traffic for customers who pay extra, or de-prioritize gaming traffic for everyone who doesn't. Twitch streamers and esports could see new fees emerge.
Small business and startups. This is the hidden victim of net neutrality repeal. Big companies can pay for fast lanes and prioritized delivery. Startups with no revenue can't. The next YouTube, Facebook, or Twitter — operating out of a garage with no money — would have a much harder time reaching audiences against incumbents that paid for premium delivery.
Voice over IP services. Services like Skype, Google Voice, and Vonage compete directly with phone services sold by Comcast, AT&T, and Verizon. ISPs have a clear incentive to make these competing services work poorly on their networks.
Smart home devices. As more devices in your home connect to the internet, ISPs gain more leverage over the services those devices depend on. A smart thermostat that connects to a third-party cloud service competes with the ISP's preferred smart home platform.
State-Level Pushback
Several states have already announced plans to push back against the repeal:
California, New York, and Washington are considering legislation requiring ISPs operating in those states to abide by net neutrality principles. The FCC's repeal includes a preemption clause attempting to block state-level rules, but the legal authority for that preemption is contested.
Multiple state attorneys general have announced lawsuits challenging the repeal. New York's AG is leading a coalition of more than 20 states arguing the FCC's process violated administrative law.
Some governors have signed executive orders prohibiting state agencies from contracting with ISPs that violate net neutrality principles. This is a creative approach — using state purchasing power to encourage ISP compliance even without direct regulatory authority.
The legal fight over preemption will probably end up at the Supreme Court. In the meantime, ISPs face a confusing patchwork of state-level rules they may or may not have to follow.
What You Can Do
Contact your representatives. Congress could pass legislation restoring net neutrality protections. Republican-controlled Congress is unlikely to do so in the near term, but the political dynamics could shift. Make your position known.
Support legal challenges. Organizations like the Electronic Frontier Foundation, Free Press, and Public Knowledge are filing court challenges to the repeal. Donate or volunteer.
Pay attention to your ISP's behavior. Run regular speed tests for different services. If Netflix consistently performs worse than other streaming services on your connection, that's worth documenting. Public attention to ISP misbehavior is one of the strongest deterrents.
Vote. Net neutrality is a partisan issue. The 2015 rules were adopted by a Democratic majority FCC. The 2017 repeal happened under a Republican majority. Elections determine who runs the FCC.
The Bigger Picture
Net neutrality is fundamentally a question about who controls the internet. The 2015 rules said that consumers and content providers should be on equal footing — that the company providing the connection shouldn't get to pick winners and losers.
The repeal says ISPs should have broad discretion to manage their networks however they want, with the market and the FTC providing whatever discipline is necessary. That worldview makes sense if you believe in competitive broadband markets. It makes less sense in a country where most people have one or two broadband choices.
This fight isn't over. Court challenges, state legislation, and possibly future congressional action will continue to shape what the internet looks like for years to come. The 2015 rules were a high-water mark for consumer protection in broadband. Today is the day they were rolled back. Tomorrow is the day the consequences start playing out.
Keep Reading
The FCC Wants to Redefine Broadband Again — 100/20 Mbps This Time
The FCC is proposing to raise the broadband definition from 25/3 Mbps to 100/20 Mbps. ISPs hate it. Here's why the definition matters more than you think.
$42.5 Billion to Build Broadband: Inside the BEAD Program
The NTIA's BEAD program is the largest broadband infrastructure investment in US history. Here's how $42.45 billion will be distributed, why fiber gets priority, and when construction starts.
The FCC's New Broadband Maps Are Here — And They Show How Bad the Old Ones Were
The FCC's new Broadband Data Collection maps use location-level data instead of census blocks. The result: millions fewer Americans have broadband than we thought.