FCC Responds to Narrow Remand of Restoring Internet Freedom Order

The Federal Communications Commission adopted an Order on Remand in response to the US Court of Appeals for the DC Circuit’s remand of three discrete issues for further consideration by the FCC regarding its 2017 Restoring Internet Freedom Order. The court’s Oct 2019 ruling in Mozilla Corp. v. FCC affirmed the FCC’s decision to repeal net neutrality rules. The Court’s decision also upheld the FCC’s robust transparency rule ensuring consumers are fully informed about their online options. This action addresses the few remaining issues the court asked the FCC to consider. Specifically, the court asked the FCC to evaluate any impacts that its reclassification of broadband as an information service and elimination of conduct rules might have on public safety, pole attachment regulations, and the inclusion of broadband in the universal service Lifeline program. After thoroughly reviewing the record compiled in response to its request for additional comment on these issues, the FCC found no basis to alter the FCC’s conclusions in the Restoring Internet Freedom Order. The Order on Remand finds that the Restoring Internet Freedom Order promotes public safety, facilitates broadband infrastructure deployment by Internet service providers, and allows the FCC to continue to provide Lifeline support for broadband Internet access service.