Yeah, the article is missing some important facts.
"
For most of the history of the commercial internet, there have never been formal net neutrality rules. Still, during a decade of largely inside-the-Beltway squabbling, the FCC has only once identified a violation of the principles that might have been barred by any version of its rules."
This is misleading. The consumer internet was born on telephone lines, which were already classified as Title II, so the internet was effectively grandfathered into psuedo net neutrality rules since the beginning (the term net neutrality didn't exist back then, but a lot of the principles are the same). We got lucky. I don't think it's a stretch to say that the internet would be totally different today if it was instead born into the TV cable companies that dominate it today. Fun fact, but net neutrality has its
roots all the way back to the 1800s when they passed laws regulating a neutral telegraph in response to telegraph operators censoring speech.
When ISPs started moving away from phone lines and onto cable/fiber, these same rules didn't apply by default -- the FCC had a chance to keep internet classified under Title II under Bush by extending it to cable/fiber lines, but hey, elections have consequences. There was a gap where the FCC had no formal net neutrality rules -- but it was a relatively short gap.
The second statement in that quote is also somewhat misleading. The FCC has been pretty reluctant to aggressively enforce net neutrality even before Trump -- it was a big deal to get Title II at all. Wheeler is almost seen as a hero today, but it was just a few years ago that he was enemy #1 for a lot of the internet. So yeah, the FCC hasn't found much.. because they never really looked too hard. They were beginning to investigate more seriously, then Trump happened. Pai's FCC has already closed multiple investigations. There's been plenty of examples of ISPs censoring websites, throttling speeds to certain services, etc -- just because a lazy FCC hadn't found anything doesn't mean it wasn't happening. But again, for most of the internet's history, net neutrality has effectively been in place, so you're not going to see the "without net neutrality" nightmare scenarios because telecoms aren't going to invest millions in blatantly illegal practices. The violations of net neutrality are going to be slow an iterative -- they'll
ease us into it (this is one of the investigations Trump's FCC has already closed).
As a side note, another side-effect of the consumer internet being born on phone lines covered under Title II was that incumbent phone companies were forced to lease out their infrastructure to competitors at fair prices. People don't seem to give much thought to how dial-up startups like AOL, Earthlinks, NetZero, etc were able to provide internet access to people throughout the country without building out their own phone lines. It's no coincidence that today, we do not see anything like that -- today, it's the cable companies that dominate -- they had the cable tv infrastructure already built out and, unlike with phone lines, there were no regulations forcing them to share with competitors. Wheeler's FCC didn't go that far with their broadband reclassification as Title II -- they excluded that provision... I was hoping that might change with more progress under Clinton.