Net Neutrality Rollback? Restoring Internet Freedom Order Approved in December 14, 2017 FCC Open Meeting

As anticipated, the Federal Communications Commission voted earlier today to overturn the 2015 Protecting and Promoting the Open Internet Order adopted under former FCC Chairman Wheeler.  The Commissioners voted along party lines, with Chairman Pai, and Commissioners Carr and O’Rielly approving Chairman Pai’s Restoring Internet Freedom Order and Commissioners Clyburn and Rosenworcel dissenting.

Among other things, the adoption of the Restoring Internet Freedom Order will:

  • return the classification of BIAS to that of an information service;
  • reinstate the private mobile service classification of mobile BIAS;
  • adopt transparency requirements that ISPs disclose information about their practices to consumers, entrepreneurs, and the Commission;
  • turn over broadband consumer protection authority to the FTC;
  • and eliminate the Internet Conduct Standard.

Note that the Restoring Internet Freedom Order is not yet in effect and has not yet been released.  Rather, the Restoring Internet Freedom Order will take effect upon approval by the Office of Management and Budget of the new transparency rule that requires the collection of additional information from the industry.

A thoughtful analysis of the impact of today’s events to follow.

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