FCC Fact Sheet: Protecting and Promoting the Open Internet

There are no rules on the books to prevent broadband providers from limiting Internet openness by blocking content or discriminating against consumers and entrepreneurs online. The Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) which seeks public comment on the benefits of applying Section 706 of the Telecommunications Act of 1996 and Title II of the Communications Act, including the benefits of one approach over the other, to ensure the Internet remains an open platform for innovation and expression. While the Notice reflects a tentative conclusion that Section 706 presents the quickest and most resilient path forward per the court's guidance, it also makes clear that Title II remains a viable alternative and asks specifically which approach is better.

In addition, the proposal asks whether paid prioritization arrangements, or "fast lanes," can be banned outright. An extended four-month public comment period on the Commission’s proposal will be opened on May 15 – 60 days (until July 15) to submit initial comments and another 57 days (until September 10) for reply comments. The NPRM seeks comment on a number of questions designed to:

• Develop the Strongest Legal Framework for Enforceable Rules of the Road
• Ensure choices for consumers and opportunity for innovators
• Prevent practices that can threaten the Open Internet
• Expand transparency
• Protect consumers, innovators and startups through new rules and effective enforcement
• Consider the Impact on the Digital Divide: Ensuring access for all communities