FCC slow to publish network neutrality rules

Opponents itching to upend the Federal Communications Commission’s controversial network neutrality rules can forget about doing so anytime soon.

The FCC adopted the controversial net neutrality order five months ago — and it may be another five months before the rules are published in the Federal Register. The delay, say FCC officials, has to do with the sheer complexity of implementing the order. But until the rules are officially published, Congress can't pass legislation to overturn the regulations, and opponents can't challenge the rules in court. The unusually long turnaround — typically FCC rules are published in the Federal Register within a few months — is fueling speculation about what’s taking so long. The net neutrality rules require carriers to reveal very specific data about broadband performance — disclosure that will involve extensive and time-consuming filings with the FCC. Moreover, details of what broadband providers will have to disclose aren't entirely clear. The back-and-forth between FCC officials and broadband carriers to clear up the paperwork requirements could keep the rules from final publication until sometime this fall. “The FCC is trying to cut a deal with the carriers on what would make for effective transparency disclosures,” an industry observer said.