On February 26, the FCC voted along party lines (3-2) to approve an Open Internet Order, which it said enacts "strong, sustainable rules, grounded in multiple sources of legal authority, to ensure that Americans reap the economic, social, and civic benefits of an Open Internet today and into the future. These new rules are guided by three principles: America's broadband networks must be fast, fair and open-principles shared by the overwhelming majority of the nearly 4 million commenters who participated in the FCC's Open Internet proceeding." 

The order addresses uncertainties created when the Commission's 2010 Open Internet rules were struck down last year by the court in Verizon v. FCC. This new Open Internet order relies on multiple sources of authority, including Title II of the Communications Act and Section 706 of the Telecommunications Act of 1996. Pursuant to its Title II authority, the Commission reclassified "broadband Internet access service" as a "telecommunications service" and its Title III authority to classify mobile broadband access service as a "commercial mobile service." As such, the new rules - in their entirety - will apply to both fixed and mobile broadband Internet access services. The Commission will forbear from enforcing many provisions of Title II and will not regulate retail rates.

COMPTEL supported the FCC's use of Title II together with forbearance to achieve a light touch regulatory framework that will continue to promote investment in the entire Internet ecosystem. To read COMPTEL's full statement, click here. 

The rules ban practices that are known to harm the Open Internet, including blocking, throttling and paid prioritization. They also establish a standard for future conduct, noting that ISPs cannot "unreasonably interfere with or unreasonably disadvantage" the ability of consumers to select, access, and use the lawful content, applications, services, or devices of their choosing; or of edge providers to make lawful content, applications, services, or devices available to consumers. The order gives the Commission authority to address questionable practices on a case-by-case basis, and provides guidance in the form of factors on how the Commission will apply the standard in practice. The order also gives the Commission authority to address interconnection complaints and take appropriate enforcement action if it determines the interconnection activities of ISPs are not just and reasonable. For a full overview of the order, see the FCC's press release. 

COMPTEL believes the new rules are important to the future of small businesses and entrepreneurs, because they offer protections that their customers will be able to reach them and that they will be able to reach their customers and that all Internet users will be able to go where they want and obtain the content and services of their choice on the Internet.