The change in Administration brings fresh thinking to what had become an epicenter of 1934 regulatory thought – the Federal Communications Commission (FCC). Under the prior Administration, the FCC was twice chastised by the courts for attempting to impose net neutrality on Internet Service Providers (ISPs). To avoid a third spanking by the courts, in 2015 the FCC chose to reclassify Internet service as a “telephone service” subject to the hideously complex public utility-style rules codified in 1934. That allowed the FCC to say that under net neutrality, ISPs are forbidden from offering Internet service at a priority speed, among other things.

The net neutrality moniker suggests benign “equality for all” but it prevents anyone who wants a superior service from paying for it. Thus, it dissuades any provider from offering it.

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