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|Publication ID: Spring 2015
|Title: Preserving the Open Internet; Broadband Industry Practices
In 2009, the FCC launched a public process to determine whether and what actions might be necessary to preserve the characteristics that have allowed the Internet to grow into an indispensable platform supporting our Nation's economy and civic life. After receiving input from more than 100,000 individuals and organizations and several public workshops, this process has made clear that the Internet has thrived because of its freedom and openness--the absence of any gatekeeper blocking lawful uses of the network, or picking winners and losers online. The Open Internet Order builds on the bipartisan Internet Policy Statement the Commission adopted in 2005.
The Order requires that all broadband providers are required to be transparent by disclosing their network management practices, performance, and commercial terms. Fixed providers may not block lawful content, applications, services, or non-harmful devices; they also may not unreasonably discriminate in transmitting lawful network traffic. Mobile providers may not block access to lawful websites or applications that compete with their voice or video telephony services. All providers may engage in "reasonable network management," such as managing the network to address congestion or security issues. The rules do not prevent broadband providers from offering specialized services, such as facilities-based VoIP; do not prevent providers from blocking unlawful content or unlawful transfers of content; and do not supersede any obligation or authorization a provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities.
In January 2014, the D.C. Circuit in Verizon v. FCC struck down the no-blocking and no-discrimination rules contained in the 2010 Open Internet Order, for the second time invalidating the Commission’s attempt to create legally enforceable standards to preserve the open Internet. Consequently, the docket has been closed and a new one opened, WC Docket No. 14-28.
|Agency: Federal Communications Commission(FCC)
|Priority: Substantive, Nonsignificant
|RIN Status: Previously published in the Unified Agenda
|Agenda Stage of Rulemaking: Completed Actions
|Unfunded Mandates: No
|CFR Citation: 47 CFR 8
|Legal Authority: 47 U.S.C. 151 47 U.S.C. 152 47 U.S.C. 154(i) to (j) 47 U.S.C. 201(b)
|Regulatory Flexibility Analysis Required: Yes
|Government Levels Affected: None
|Small Entities Affected: Businesses
|Included in the Regulatory Plan: No
|International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
|RIN Data Printed in the FR: Yes
|Related RINs: Related to 3060-AK21
R. Matthew Warner
Federal Communications Commission
445 12th Street SW.,
Washington, DC 20554