INDEX

Italicized page numbers indicate illustrations. Tables are indicated by “t” following the page number.

Aaron, Craig, 137n46, 149n21, 155n20

Abbate, Janet, 130n2

access. See equal access; openaccess requirement; speed of internet access

activism. See grassroots activism; specific names of activist groups

Adelphia (regional cable company), 60

Administrative Procedure Act (1946), 96

After Downing Street (advocacy organization), 42

Amazon, 74, 99, 100

American Civil Liberties Union, 73, 85

American exceptionalism, 6, 64

American Patriot Legion, 73

Ameritech, 54

Ammori, Marvin, 81, 129n5

Android (Google mobile operating system), 80–81

anti-monopoly movement: danger of reversal of temporary victories, 38–39

grassroots activism and, 120

history of, 26, 153n4

need to revive to break up ISPs, 105–6

radio broadcasting and, 119–20

telephone service and, 17, 18

anti-net neutrality activism, 28, 136n45

antitrust regulation: Baby Bells and, 22–23, 54–55

calls for revitalizing, 121

Computer Inquiries (1966–1980s), 24–26

as separate measures from public interest regulation, 153n5

AOL, 48, 66

AOL Time Warner, 42

ARPA (Advanced Research Projects Agency), 11

ARPANET, 11

Associated Press, 32–33

astroturf organizations, 147n10

AT&T: blocking political speech of its subscribers (2007), 43

collusive practices with other broadband services, 58–62

dominance of, 51

DSL service offered by, 55

Google Wallet blocked by, 43

HBO, Warner Bros., DirecTV, and Hulu ownership, 66

history of monopoly status of, 16–23, 52–53, 131n7, 132n20

Kingsbury Commitment (1913) and, 18–19

market share (2018), 59t

open access requirements and, 48–49

refusal to upgrade or expand service, 109

Stevens’s reelection campaign contributions from, 78

Telecommunications Act of 1966 and, 54

threatening to sue FCC over net neutrality (2015), 38

universal service and, 24, 134n32

Walker Report (1935) and, 21–22

wireless monopoly shared with Verizon, 55. See also Bell system

Avaaz, 85

Baby Bells, 22–23, 54–55

Baker, Meredith Atwell, 115–16

basic services vs. enhanced services, 25–26

Battle for the Net (advocacy coalition), 37, 85–87

Bell Atlantic, 54

Bell South, 54

Bell system, history of, 16–19

Baby Bells, 22–23, 54–55

legacy in internet world, 52. See also AT&T

Benkler, Yochai, 140n6

BitTorrent, 32–34, 124

Black Lives Matter, 101

blocking content, apps, and devices: California legislation on, 97

examples of, 32–34, 42, 44, 124

loss of net neutrality and, 41

Netflix throttled by Comcast and Verizon, effect of, 85–86

Open Internet Order (2010) and, 35, 81

political speech, censorship of (2005, 2007), 44–45

Restoring Internet Freedom Order (2017), 40, 125

Verizon decision (DC Cir. 2014) eliminating regulation of, 35–36

Bode, Karl, 137n47, 152n43

Brand X (company), 29, 123

Brand X decision (2005), 29–31, 49, 72, 124, 156n24

Breitbart, Joshua, 69

Brin, Sergey, 83

broadband cartel: access denied by, 46–53

clustering practices of, 60

collusion among broadband services creating, 57–62

conflicts of interest in ownership of online content companies, 66

definition of cartel, 58

hoarding profits and wealth by, 68

need to break up, 105–6

opposed to municipal broadband development, 110

trickle-down economics and, 66–68

war that was not waged against, 53–57

broadband services: collusive practices of, 58–62

community/municipal broadband, 153n8

definition of, 141n9

fiber to the home (FTTH) broadband networks, 109

reclassification as Title I information service (2002), 27, 29, 123

reclassification as Title I information service (2017), 40

reclassification as Title II telecommunications service (2015), 37–38, 84–85, 90–91, 125

wired broadband, 61. See also cable industry; Charter; Comcast

Bush, George W., 56

business-oriented approach to net neutrality, 129n6

BuzzFeed, 66

cable industry: consolidation in, 55

demise predicted in internet era, 47

détente between largest cable and telephone companies, 47

monopolies in, 50–51

nonaggression pact between Comcast and Charter, 60

openaccess requirement, 123

ownership of networks providing internet connectivity, 47

Telecommunications Act of 1966 and, 54. See also Brand X decision (2005); Title I services; Title II services; specific cable companies

California’s net neutrality legislation, 97

Canadian telecommunications, 42, 131n7

captive markets, 62

cartel. See broadband cartel

Carterfone decision (FCC 1968), 52

censorship, 41, 42, 122

Center for Media Justice, 85, 93, 100

Charter, 55, 56, 58–62

market share (2018), 59t

nonaggression pact with Comcast, 60

stock buybacks by, 68

swapping customers with Comcast, 60

Time Warner Cable acquisition by (2016), 59

Chattanooga’s construction of FTTH network, 109

Chicago Telephone Company, 132n11

Christian Coalition of America, 73–74

Citizens United decision (2010), 117

civil rights, 6, 99

Clinton, Bill, 26, 45–46

clustering, 60

Clyburn, Mignon, 156n23

Cohen, David, 59

collusive practices of broadband services, 58–62

Color of Change, 81, 85, 100

Combs, Roberta, 74

Comcast: blocking peer-to-peer file-sharing technologies (2007), 32–34, 124

blocking political speech of its subscribers (2005), 42–43

collusive practices with other broadband services, 58–62

compared to municipal broadband services, 110–11

dominance of, 51, 55, 56

failed acquisition of Time Warner Cable (2014), 59

FCC regulation and sanction of, 3, 124

fear of Title II common carrier classification, 49

market share (2018), 59t

NBC merger with, 66, 116

Netflix and, 85

nonaggression pact and swapping customers with Charter, 60

profits accrued by, 64, 68

reclassification of cable broadband as Title I information service and, 29

recommendation to break up into smaller units and stop future acquisitions and mergers by, 105–6

refusal to upgrade or expand service, 109

role in net neutrality debate, 6

stock buybacks by, 68

Comcast Corp. v. FCC (DC Cir. 2010), 34, 84

common carrier principles, 14

definition of common carriers, 21

effectiveness of, 26, 52

exemption of cable companies from, 29

FCC’s responsibilities, 20

legal interpretation of, 15

Telecommunications Act and, 26. See also history of nondiscrimination principles

Communications Act of 1934, 19–21

Title I provisions, 20

Title II provisions, 20–21. See also Title I services; Title II services

Communications Opportunity Promotion and Enhancement (COPE) Act, 73

competition: FCC reports overstating amount of, 61–62

net neutrality debate and, 99

positive effects for consumers from, 57

theoretical future competition as justification for monopolies, 56. See also monopolies

Computer Inquiries (1966–1980s), 24–26

conflicts of interest in ownership of online content companies, 66

Congressional Review Act, 96

consumers: burden of higher rates falling on, 60–61

choice of ISPs available for (1998), 48

costs of ISP connections in United States compared to other countries, 63–64

double dipping by ISPs charging both content providers and consumers, 72

number of household devices connected to home network, 62

positive effects of competition for, 57. See also grassroots activism

content creators: conflicts of interest in ownership of online content companies, 66

double dipping by ISPs charging both content providers and consumers, 72

role in net neutrality debate, 6. See also Facebook; Google; Netflix

COPE (Communications Opportunity Promotion and Enhancement) Act, 73

Copps, Michael, 27–29, 31, 34–35, 38, 115

corporate interests: constitutional rights of citizens and, 117

free speech rights and, 9–10

opposing government oversight, 7. See also broadband cartel; lobbyists for telecom and cable industries; monopolies

corporate libertarianism, 9–11

anti-net neutrality activism and, 28

ascendency of, 41, 46

in conflict with social democracy, 13–14, 50

dominant ISPs and, 56

First Amendment exploitation by, 118

hindering public construction of Internet for All, 114–15

in history of media ownership and control, 15, 25–26

net neutrality viewed as barrier to corporate investment in, 67

Trump and, 39

costs: of ISP connections in United States compared to other countries, 63–64

in pay-to-play post-net neutrality, 65

Cox, 43

Crawford, Susan, 55, 91, 117, 129n5

critical junctures, 119

CTIA (trade association), 116

Cyril, Malkia, 100

Dahlgren, Peter, 78–79

The Daily Caller (news site), 94

Dakota Access Pipeline protests (#NODAPL), 101

DARPA (Defense Advanced Research Projects Agency), 11

Data for Progress poll on support for public option for internet, 112

DC Circuit Court of Appeals: Comcast Corp. v. FCC (2010), 34, 84

Mozilla v. FCC (pending 2019), 95–96

U.S. Telecom v. FCC (DC Cir. 2016), 125

Verizon v. FCC (2014), 35, 65, 124, 137n53

Demand Progress, 85, 93

democratic system: Brin on technology’s role in, 83

diverse sources of news in, 12–13

ISP interference with, 6, 7

loss of net neutrality, effect of, 41

net neutrality activism and, 31, 122

open internet as essential to, 101

policy interventions for, 105–8

protection of, 5

transformation of internet away from, 100

deregulation, 57, 116

dial-up internet, 27, 48

digital feudalism, 121, 158n36

digital Lochnerism, 116

digital redlining, 24

DirecTV, 66

distributive justice, 6

DreamWorks Pictures, 66

DSL service, 27, 30, 42, 43, 48, 55

due process clause, 116, 117

Earthlink, 29, 48, 123

eBay, 74, 85

electricity and electrical utilities, 103–4

Electronic Frontier Foundation, 85, 86, 97

El-Sayed, Abdul, 111

English common law, 14

entrepreneurship: discouraged by ISPs, 74

promotion of, 99

equal access, 6

activism needed to achieve, 123

Copps on, 28

FCC failure to protect, 29–30

monopoly interference with, 15

net neutrality’s failure to fully address, 104

rural and urban poor as underserved by current broadband providers, 112–13

to telephone and telegraph, 15

Etsy, 86, 87, 95

European Union: compared to US capital investments in telecommunication networks, 67–68

compared to US internet prices, 64

Facebook: consumer costs of, 65

fast lanes, FCC creating for, 36

gatekeeping control over content, 120–21

monopoly of, 5

public concern over business practices of, 104–5

role in net neutrality debate, 6, 85, 94

value of net neutrality in commercial terms for, 99, 100

Fairness Doctrine, 120, 136n45

Federal Communications Commission (FCC): appeal of 2017 decision to repeal net neutrality, 2

basic services vs. enhanced services, determination of, 25

Computer Inquiries (1966–1980s), 24–26

considered less susceptible to public pressure than Congress, 84

creation and early history of, 19–22, 52, 133n22

“Internet Access Services” report (2016), 61–62

“Internet Policy Statement” (2005), 31, 33

negative view of net neutrality among commissioners, 32

opposition to state-led net neutrality, 97–98

post-Verizon decision (DC Cir. 2014), 36

public comment process of, 39–40, 86–87, 90

regulatory authority over internet, 3

regulatory capture of, 115–16

separation of pure communications from pure data processing services, 24

website crash (2014) due to activism against Wheeler’s proposal, 37, 90. See also Open Internet Orders (2010 & 2015); Restoring Internet Freedom Order (2017); Title I services; Title II services

Feld, Harold, 54, 129n5, 142n18

Feminist Majority, 73

Fiber for All (federal) plan, recommendation for, 112–14

fiber to the home (FTTH) broadband networks, 109

Fight for the Future, 84, 85, 93

FiOS network, 61

First Amendment: corporations possessing free speech rights, 9–10, 117

exploitation by corporate libertarians, 118

internet access providers and, 117

Lochnerism and, 117–18

nondiscrimination against content and, 31

forced access. See open-access requirement

Fort Collins, Colorado, as location of fight between Comcast and local broadband service, 110

Fourteenth Amendment, 116

free market economies, fallacy of, 53

Free Press (media reform organization), 33, 73, 85, 90, 93, 115, 147n5

free speech, 99, 118, 128n5

loss of net neutrality and, 41, 73, 74

Frieden, Rob, 49

FTTH (fiber to the home) broadband networks, 109

Genachowski, Julius, 34, 36, 79–80

Gilded Age, 15

Gingrich, Newt, 53

Ginsburg, Ruth Bader, 30

Google: Android (mobile operating system), 80–81

fast lanes, FCC creating for, 36

gatekeeping control over content, 121

Google Fiber, 50

Google Wallet, 43

monopoly of, 5

net neutrality enabling initial success of, 83

protests against (2010), 81–82, 82

public concern over business practices of, 105

role in net neutrality debate, 6, 82–83, 85, 94, 99

in Save the Internet coalition, 74, 75

SBC and, 72

threat to online free speech from power of, 128n5

value of net neutrality in commercial terms for, 99, 100

Google-Verizon net neutrality compromise (2010), 71, 80–83

Gore, Al, 45, 53

government regulation: corporate libertarianism and, 10–11, 13–14

dissemination of information and, 13

in history of media ownership and control, 15

neoliberalism and, 10

New Deal and American media, 12

social democracy and, 12–14

telephone development and access, 16–17. See also Federal Communications Commission (FCC)

Gramsci, Antonio, 158n33

grassroots activism, 6–7, 60–102

anti-monopoly movement and, 120

critical junctures originating from, 119

equal access to internet and, 121

flash points in history of media regulation, 14–15, 71

Google-Verizon net neutrality compromise (2010) and, 71, 80–83

importance of, 105

initial mobilization of, 31, 71

Internet Slowdown Day (September 10, 2014), 37, 87, 88, 93

Internet-Wide Day of Action to Save Net Neutrality (July 12, 2017), 93

pro-business alliances and, 75, 99–100

public comment process of FCC and, 39–40, 86–87, 90

social media, use of, 101

state-led movements, 96–98

Stevens’s comments providing fodder for (2006), 76–78

Wheeler’s chairmanship, results from pressure applied to, 37–38, 83–92. See also specific names of activist groups

Greer, Evan, 84

GTE, 55

Gun Owners of America, 73

Hallquist, Christine, 111

Hamill, Mark, 94

Hands Off the Internet, 147n10

Hastings, Reed, 95

hate speech, 121

Hazlett, Thomas, 129n6

HBO, 66

high-speed fiber-optic lines, 61, 109, 112–14

Hindery, Leo, Jr., 60

history of nondiscrimination principles, 14–26

common carrier laws, 14, 15

corporate libertarianism and, 25–26

critical junctures and, 119

similarities to current net neutrality battles, 118–20

telegraph development and access, 15–16, 118

telephone development and access in late nineteenth and early twentieth centuries, 16–17, 118

telephone service monopoly and, 18–19, 22, 23, 52, 132n20

universal service and, 24, 134n32. See also Communications Act of 1934; Federal Communications Commission (FCC); Telecommunications Act of 1996

Hobbes, Thomas, 53

Huffington, Arianna, 69–70

Huffington Post, 66, 69

Hulu, 65, 66

Independence Day (video), 75–76, 77

inequities. See equal access; paid prioritization; speed of internet access

information services. See Title I services

information superhighway concept, 45–46

Information Technology and Innovation Foundation (ITIF), 70

innovation: in circumventing government regulation, 45

discouraged by ISPs, 74

free market as driver of, 46, 66

net neutrality debate and, 6, 67, 99

promotion of, 99

Instagram, 121

International Journal of Communication, 129n5

internet: founding principle of, 3

information superhighway concept of, 45–46

public subsidies underwriting creation of, 11, 52. See also history of nondiscrimination principles; internet service providers (ISPs); net neutrality; net neutrality debate; Title I services; Title II services

“Internet Access Services” report (FCC), 61–62

Internet Association, 99

Internet for All: corporate libertarianism as barrier to development of, 114–15

Fiber for All (federal) plan, recommendation for, 112–14

policy agenda impediments, 114–18

Internet Freedom and Non-discrimination Act (S. 2360, proposed 2006), 72–73

“internet freedom” as activist rallying cry, 73–74

“Internet Policy Statement” (2005), 31, 33

internet service providers (ISPs): ability to discourage innovation and entrepreneurship, 74

choice of ISPs available to consumers (1998), 48

digital redlining by, 24

double dipping by charging both content providers and consumers, 72

First Amendment protecting editorial discretion of, 117

independent ISPs going out of business, 49

market share (2018), 59t

open access defeat, effect on, 47–50

political speech and, 42–43

public opinion of, 110

public option and, 105, 107–14

role in net neutrality debate, 6

universal service and, 24

wireless ISPs distinguished from fixed-line ISPs, 43–44

zero-rating practices of, 97. See also blocking content, apps, and devices; broadband services; Comcast; speed of internet access; Verizon; specific ISPs

Internet Slowdown Day (September 10, 2014), 37, 87, 88, 93

Internet-Wide Day of Action to Save Net Neutrality (July 12, 2017), 93

Interstate Commerce Act, 134n31

Interstate Commerce Commission, 18

Isis (mobile payment app), 44

ISPs. See internet service providers

ITIF (Information Technology and Innovation Foundation), 70

John, Richard R., 131n7, 132n17

judicial activism, 117

Justice Department, 22, 97–98

Kavanaugh, Brett, 117

Kennard, William, 48

Keynesian economics, 45–46

Kickstarter, 86

Kingsbury Commitment (1913), 18–19

Knights of Labor, 16

Kushnick, Bruce, 145n43

Laffer, Arthur, 66

Leanza, Cheryl A., 54

libertarianism. See corporate libertarianism

lobbyists for telecom and cable industries: embeddedness of, 156n24

opposing local development of public broadband services, 110

in reaction to Telecommunications Act (1996), 49, 53

regulatory capture and, 115–16

role in net neutrality debate, 70, 71. See also specific organizations by name

local telephone networks, 17

Lochner era and Lochnerization, 116–17

Lochner v. New York (US 1905), 116

Losey, James, 158n36

MacDougall, Robert, 131n7

Madison River (ISP), 42

market failure in media system, 13, 116, 118

Markey, Ed, 96

Markota, Martina, 94

Martin, Kevin, 33–34

McChesney, Robert, 73, 133n22

McDowell, Robert, 32

MCI, 54

McReynolds settlement (1913), 132n17

MeetWithCindy (activist website), 43

Meinrath, Sascha, 129n5, 131n9, 139n65, 158n36

mergers, 54–56. See also specific cable and telecommunications companies

#MeToo movement, 101

MetroPCS, 43

Michigan proposal for statewide public option internet service (called MI-Fi), 111

military role in creation of internet, 11

mobile payment apps, 43

monopolies: anti-democratic effects of, 5

corporate libertarianism favoring, 10, 50–51

in history of media ownership and control, 15, 26, 118–20

monopoly rents of internet access paid by US consumers, 64, 65, 67

natural monopolies, 23

need to address ISP’s monopoly power, 105–6

from oligopoly to cartel status, 57–62

policy interventions against, 105–8, 158n35

strategies to contain, 153n3

telephone service and, 18–19, 22, 23, 132n20

theoretical future competition as justification for, 56. See also anti-monopoly movement

MoveOn.org, 73–74

Mozilla v. FCC (DC Cir. pending 2019), 95–96

MSN, 83

Mueller, Milton, 134n32

municipalities: broadband networks of, 108–11

home rule and telephone service, 17

Muslim Ban, 101

National Cable and Telecommunications Association (NCTA), 29, 115

National Cable & Telecommunications Association v. Brand X Internet Services. See Brand X decision (2005)

National Hispanic Media Coalition, 85

nationalization of telephone service, 18, 19

National Science Foundation, 11

Nation’s home page on Internet Slowdown Day (2014), 88

nativism, 101

natural monopolies, 23

NBC, 66, 116, 120

neoclassical economics, 53

neoliberalism, 10, 46

Netflix: fast lanes, FCC creating for, 36

Internet Slowdown Day (September 10, 2014) and, 87

role in net neutrality debate, 6, 85–86, 94–95, 99

streaming, costs of, 65

value of net neutrality in commercial terms for, 95, 99

net neutrality: battle for, 26–36

creation of term, 14, 69–70

definition of, 3

international implications of, 6

loss of, 41–44

Obama administration and, 85, 91–92

as oligopoly problem, 63–66

ongoing death and life of, 39–40

post-Comcast Corp. decision (DC Cir. 2010), 34–35, 84

shortcomings of, 104

telecommunications history and, 14–26

temporary triumph (2015) for, 36–39

timeline, 124–25. See also history of nondiscrimination principles

net neutrality debate, 2–3

basic issues in, 4, 44

contradictions within, 57

ideological framework of “trickle-down” economic theory, 66–67

Netflix’s role in (2015), 85–86

nondiscrimination against content and, 31

players in, 6

political power at heart of, 101

populist understanding of, 72, 75, 86

probusiness arguments of, 99–100

reminiscent of earlier media history, 118–20

Stevens in, 76–78. See also corporate libertarianism; grassroots activism; social democracy; specific companies for their role

network effects, 19, 132n19

New Deal, 12, 19, 20, 104. See also Roosevelt, Franklin Delano

Newman, Russell, 129n7, 142n18

Nichols, John, 73

Ninth Circuit Court of Appeals ruling (2003), 123

nondiscrimination principles. See history of nondiscrimination principles; net neutrality; net neutrality debate

NSFNET, 11–12

Nunziato, Dawn C., 128n5

NYNEX, 54

Obama, Barack, 34, 37, 79, 85, 91–92, 150n35

Occupy the FCC, 87

OECD countries, consumer cost of ISPs in, 64

OkCupid, 86

oligopoly: digital feudalism, 121

incentivizing ISPs not to invest in upgrades, 68

net neutrality as oligopoly problem, 63–66

from oligopoly to cartel status, 57–62

radio broadcasting and, 119

Oliver, John, 2, 89–90

OPEC (Organization of the Petroleum Exporting Countries), 58

open-access requirement: activism and, 72

Brand X decision (2005) as death knell of, 29–31, 49, 72, 124, 156n24

in countries other than United States, 64

effect on independent ISPs, 47–50, 52, 123

Verizon Communications v. Trinko (US 2004), 51–52

Open Internet Order (2010), 35, 43, 81, 84, 124, 137n53

Open Internet Order (2015), 37–38, 92, 93, 96–97, 125

O’Rielly, Michael, 107

Pacific Telesis, 54

Pai, Ajit, 2, 39–41, 56–57, 94, 95, 125

paid prioritization, 3–4, 40, 64, 65, 68, 97

California legislation on, 97. See also speed of internet access

Parker, Everett, 20

pay-to-play service, 41, 44, 65, 67, 72

Pearl Jam, 43

peer-to-peer file-sharing technologies, 32–34

Pew Research, 62

Pickard, Victor, 129n5, 130n1, 131n9, 138n59, 139n65, 153n3, 156n24, 157n28, 158n36

policy interventions. See recommendations

Popular Resistance, 88

Populist Party, 16

postalization of telephone service, 18

Powell, Michael, 27, 50, 115, 123

preemption of state law, 98

privacy issues, 113–14, 155n18

privatization of public services, 10–11, 46, 99

public good: deprioritized by corporate libertarianism, 46, 67

entrusting to private enterprise, 99

government role in protection of, 13, 104, 108

information as, 12–13

internet viewed by activists as, 31–32

public interest regulation: Communications Act and, 20

history of, 14

monopoly status granted in exchange for abiding by, 23

need to impose on ISPs, 105, 106–7

as separate measures from antitrust regulation, 153n5

Public Knowledge (media organization), 33, 85

public option (publicly owned alternatives), need for, 105, 107–14

Fiber for All (federal) plan, 112

government agency to operate, 113

importance in fight against digital injustice, 120

Michigan proposal for (called MI-Fi), 111

privacy issues and, 113–14

public opinion in favor of, 110–11

state proposals for, 111–12

successful examples of, 109

Vermont proposal for, 111

public utilities: history of regulation of, 107

as natural monopolies, 23. See also history of nondiscrimination principles

public utility commissions, 16

racism, 101

radio broadcasting, 10, 20, 21, 118–20

Raging Grannies (protest group), 81–82, 82

railroad industry of late nineteenth century, 58

Reagan, Ronald, 66–67

recommendations: anti-monopoly action, 105–6

public interest regulation, need to impose on ISPs, 105, 106–7

public option, need for, 105, 107–14

Reddit, 87, 93

redistribution of wealth, 12

regulation. See Federal Communications Commission (FCC); government regulation; Title I services; Title II services

regulatory capture, 115–16, 155n19

Renderos, Steven, 101

Restoring Internet Freedom Order (2017), 40, 125

Roosevelt, Franklin Delano, 12, 20, 22, 103–4, 107

Rosenworcel, Jessica, 62

Rucker, James, 81

rural market, underserved by cable and telecom giants, 112–13

Sandberg, Sheryl, 94

Sandvig, Christian, 129n5

Sandy, Oregon, local broadband service in, 109

Santa Clara Fire Department, 1–2

Santa Monica, California, local broadband service in, 109

Save the Internet coalition, 73–76, 81–82

Independence Day (video), 75–76, 77

SBC (Southwestern Bell Corporation), 54

Scalia, Antonin, 30, 51

Schiller, Dan, 19, 131n7, 135n35

Schmidt, Eric, 85

Schwartzman, Andrew Jay, 54

Scott, Ben, 142n18, 145n44, 147n8

Senate, U.S.: Committee on Commerce, Science and Transportation, 76

Interstate Commerce Committee, 21–22

7 Things You Can Still Do on the Internet After Net Neutrality (video), 94

sexism, 101

Sheehan, Cindy and Casey, 43

Shephard, William, 58

Silver, Josh, 73

Skype, 44, 47

Smith, Adam, 57

social democracy, 9, 12–13

in conflict with corporate libertarianism, 13–14

information superhighway and, 45–46

loss of net neutrality and, 41

radio broadcasting and, 119–20

social justice, 99, 122

Sohn, Gigi, 98

SOPA/PIPA (Stop Online Piracy Act/Protect Intellectual Property Act), 71

Souter, David, 30

Southwestern Bell Corporation (SBC), 54

speed of internet access, 3–4

fast lanes, 36–37, 44, 64

selling to those willing to pay most for, 68. See also high-speed fiberoptic lines

Sprint: independent ISPs using infrastructure of, 48–49

merger with T-Mobile, 156n23

throttling Skype connections, 44

Standard Oil, 18

Starr, Paul, 134n31

state movements and interventions: to counter corporate libertarianism, 118

fight to reimplement net neutrality, 96–98

proposals for public broadband development, 111–12

restrictions on development of local broadband services, 110

Stevens, Ted, 76–78

Stewart, Jon, 78

Stiegler, Zack, 128n5

Stigler, George J., 53

Stiglitz, Joseph, 45

Stop Online Piracy Act/Protect Intellectual Property Act (SOPA/PIPA), 71

streaming, costs of, 65

Sunlight Foundation, 86

Supreme Court, U.S.: Brand X decision (2005), 29–31, 49, 124

Citizens United decision (2010), 117

Lochner v. New York (1905), 116

Verizon Communications v. Trinko (2004), 51–52

surveillance capitalism of platform monopolies, 120–21

Tarnoff, Ben, 130n2

“Team Internet” (2014), 86, 87

telecommunications: AT&T dominance, 23

basic services of, 25–26

early FCC actions, 21–22

enhanced services of, 25–26

information services vs. telecommunications services, 26. See also AT&T; history of nondiscrimination principles; telephone development and access; Title II services

Telecommunications Act of 1996, 25–27, 47, 49, 53–54, 135n36

telegraph development and access, 15–16

telephone development and access, 16–17

Carterfone decision (FCC 1968) allowing third-party interconnection, 52

common carrier principles and, 27

demise predicted in internet era, 46–47

détente between largest cable and telephone companies, 47

interconnection and, 18–19

monopoly of AT&T, 18–19

municipal home rule and, 17

nationalization of telephone service, 18

ownership of networks providing internet connectivity, 47

Telus (Canadian telecom corporation), 42

Tennessee Valley Authority, 104

Thierer, Adam D., 136n45

throttling. See blocking content, apps, and devices; speed of internet access

Time Warner Cable, 29, 49, 145n43

acquisition by Charter (2016), 59

collusion with other broadband services, 61

failed acquisition by Comcast (2014), 59

Title I services: broadband reclassified as information service (2002), 27, 29, 123

broadband reclassified as information service (2017), 40

definition of, 20

difference from Title II, 5

Open Internet Order (2010) and, 35

Title II services: broadband services’ reclassification as telecommunications service (2015), 37–38, 84–85, 90–91, 125

definition of, 20–21

difference from Title I, 5

importance in regulation of common carriers, 30

open access requirements, 47–50, 52

post-Comcast Corp. decision (DC Cir. 2010), 34–35

telephone service as, 27

T-Mobile, 43

merger with Sprint, 156n23

Topolski, Robb, 32, 124

transparency, 138n53

“trickle-down” economic theory, 66–67

Trump, Donald, 39–41, 71, 93–98

Tumblr, 66, 87

Turner, S. Derek, 135n36

Twitter, 87

universal service mandates, 24, 134n32

University of Maryland’s Program for Public Consultation, 92–93

U.S. postal policy, 131n6

U.S. Post Office, 15, 18

U.S. Telecom v. FCC (DC Cir. 2016), 125

van Schewick, Barbara, 98, 129n6

Vedder, Eddie, 43

Verizon: collusive practices with other broadband services, 58–62

compared to municipal broadband services, 110–11

creation of (from merger of Bell Atlantic, NYNEX, and GTE), 54–55

dominance of, 51

DSL service offered by, 55

FCC regulation of, 3

FiOS service, 61

Google-Verizon net neutrality compromise (2010), 71, 80–83

Google Wallet blocked by, 43

ISP market share (2018), 59t

Netflix and, 85

profits accrued by, 64

role in net neutrality debate, 58–62

in Santa Clara Fire Department, 1–2

Stevens’s reelection campaign contributions from, 78

Telecommunications Act of 1966 and, 54

wireless monopoly shared with AT&T, 55

Yahoo!, AOL, Tumblr, and Huffington Post owned by, 66

Verizon Communications v. Trinko (US 2004), 51–52

Verizon v. FCC (DC Cir. 2014), 35, 65, 117, 137n53

Vermont proposal for publicly owned statewide fiber internet network, 111

voice mail, 25

VoIP services, 42, 47

Vonage, 42

Vox Media, 66

Walker, Helgi, 65

Walker, Paul, 21

Walker Report (1935), 21–22

Warner Bros., 66

Western Electric Company, 22

Western Union, 15–16, 18

WhatsApp, 121

Wheeler, Tom, 84, 86–92

fast lanes proposal by (2014), 36–37

reaction to John Oliver’s piece on net neutrality, 89–90

Title II reclassification for broadband service under (2015), 37–38, 84–85, 90–91, 125

Whitacre, Ed, 72

wired broadband. See cable industry

wireless ISPs: exempt from Open Internet Order (2010), 81

FCC distinguishing from fixed-line ISPs, 43–44

lack of regulation of, 55

monopoly market of Verizon and AT&T in, 55

Wu, Tim, 14, 56, 69, 123, 127n2, 153n4

Wyden, Ron, 73

Yahoo!, 66, 72, 83

Yoo, Christopher, 127n2, 132n16

YouTube, 43, 78, 91, 121

zero-rating, 97

Zuckerberg, Mark, 94