The Federal Communication Commission passed net neutrality measures at a Feb. 26 hearing.
The net neutrality debate has raged for several years. The FCC issued a proposed set of regulations in May 2014, and 4 million individuals submitted comments to its public comment page. Net neutrality, which simply states that no Internet provider can charge more for particular types of content, protects innovation and prevents individuals from being charged more than they can afford for high-speed Internet, according to the FCC.
The vote did not go down smoothly. The net neutrality measure as well as another measure to allow municipal governments in Tennessee and North Carolina to offer broadband, a function previously banned by state laws, both passed 3-2, a clean split between the Democratic and Republican members of the Commission.
"These rules may be subject to preemption in appropriate circumstances," said FCC Chairman Tom Wheeler at the meeting. "Those who are condemned to second-rate broadband are a message to all of us. So let us be clear: This decision is pro-broadband. This decision is pro-competition. This decision is for the right of Americans through their elected local officials to make their own decision about their own broadband future."
Here are four things the new rules will do and how it will apply to healthcare.
1. Ban "Internet fast lanes." The new FCC rules forbid Internet service providers from charging more for faster web service. Currently, broadband Internet providers charge more for download speeds, but access to the Internet is equal. The new rules prevent telecommunications companies from charging more for faster broadband speeds. For hospitals, this is significant because of the spread of telehealth, which is broadband-hungry to support video streaming. Some telecommunications companies such as Verizon have vested interests in telemedicine, and some have raised concerns that they may use fast-lane rates to favor their own businesses, according to the Advisory Board Company. It is also a boon for EHRs, which take significant broadband speeds to be efficient.
2. Prohibit blocking access or throttling based on content. The regulations also ban Internet service providers from blocking access to Internet pages or apps based on content unless a customer pays a higher rate. For healthcare providers, who frequently operate with private content, having to pay higher rates to access their own data could be an extra strain on their finances. Additionally, it could limit competition from smaller healthcare operations, which do not have the finances to pay for the digital access to maintain accurate and efficient records.
3. Reclassify Internet service to a telecommunications service. Currently, Internet service providers are classified as information services, for which regulations are more lax. For telecommunications companies, the regulations and oversight are stricter, preventing them from making any unfair and discriminatory charges in the Internet market and forcing them to act in the public interest. Hospitals must keep an eye on how their broadband services change their company management and prices to compensate for the new classification based on taxes and rates.
4. Allowing for reasonable network management. However, the new rules do allow for reasonable network management measures, which includes charging more based on engineering investments or corporate changes. However, healthcare companies should keep the limits of the "reasonable network management" exception in mind — companies cannot cite the exception to charge a customer with unlimited data, for example.