Open Internet Rules

On May 7, the Federal Communications Commission reclassified “broadband Internet access service” (BIAS) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. The FCC determined that “the freedom to send and receive lawful content and to use and provide applications and services without fear of blocking continues to be essential to the Internet’s openness,” and expressed concern that BIAS providers may be incentivized to block edge providers’ content. Under the Open Internet rules, BIAS providers are prohibited from impairing or degrading lawful Internet traffic on the basis of content, application, service, or use of non-harmful device. The no-throttling rule bans conduct that is not outright blocking, but that the FCC believes would inhibit the delivery of particular content, applications, or services. The FCC also adopted enhancements to existing transparency rules that require BIAS providers to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices. These rules have been adopted, rescinded, and readopted since 2015. And they could be rescinded yet again depending on the outcome of the 2024 Presidential election.