FCC Open Internet Conduct Approach


On Sep. 28, FCC proposed rules on authority over open internet.


  • FCC announced proposed rule to re-establish its authority over broadband internet.
  • Securing Open Internet
  • Proposal will classify access as telecommunications service under Communications act.
  • By reestablishing the original framework the Commission had adopted in 2015.
  • Also provide FCC with the authority to safeguard the open internet, advance national security, protect public safety, establish conduct rules for internet service providers.
  • Will clarify that the Commission will not regulate rates or require network unbundling.
  • Also, will retain disclosure requirements under current transparency rule and broadband label requirements, and will seek comments on means of disclosure, etc.
  • Proposal Hearing
  • FCC Chair Rosenworcel announced meeting on proposal to be held Oct. 19, 2023.
  • Consultation
  • Parties may file comments on proposal by Dec. 14, 2023, and replies by Jan. 17, 2024.
  • Nov. 2023 FCC Open Internet Proposal
  • On Nov. 3, 2023, FCC published proposal to classify broadband internet access service as telecommunications service, reestablish conduct rules for internet service providers.
  • Data collection proposes to return Broadband Internet Access Service (BIAS) to its classification as a telecom service, reclassify mobile BIAS as commercial mobile service
  • Comment requested on proposed classification framework, on its benefits and burdens.
  • Also comments on impact of reclassification on small businesses, entities, small ISPs.
  • Comments due on or before Dec. 14, 2023, and reply comments due by Jan. 17, 2024.
  • Also, comments on proposed information collection must be filed by Jan. 2, 2024.
  • In Jan. 2024 NEB AG reported joining coalition of 45 State AGS in FCC response.
  • Jan. 2024 NEB AG Coalition Letter to FCC
  • On Jan. 18, 2024, NEB AG reported joined coalition of 45 State AGs in letter to FCC,
  • Comment letter concerns FCC proposal on safeguarding and securing the open internet
  • AGs seeking narrowly drawn clarification from the FCC that this proposal not effect on status of voice-over-internet protocol (VoIP) service providers who route calls.
  • Many play an integral role in the routing of illegal robocalls into and across the country.
  • AGs united against those that have weaponized telephone system against consumers.
  • Apr. 11, 2024 FCC Title II Claims Fact Check
  • On Apr. 11, 2024, FCC Carr issued fact checks on President Biden's Title II claims.
  • Carr noted that none of the claims can withstand even casual scrutiny and that the only reason for applying Title II is to expand government control of the internet.
  • Apr. 25, 2024 FCC Final Rule
  • On Apr. 25, 2024, FCC voted to adopt a national standard restoring net neutrality.
  • Final rule reasserts broadband jurisdiction, reestablish national open internet standard.
  • Chair Rosenworcel statement, fact sheet, Five facts about net neutrality protections.
  • Commissioners Carr and Simington dissented; Starks and Gomez voted to approve.
  • May 2024 FCC Fed Reg Final Rule
  • On May 22, 2024, FCC published final rule in federal register, effective Jul. 22, 2024.
  • Except for amendatory instruction 7, delayed indefinitely; will announce effective date.
  • Jun. 2024 Fed Reg Rule Correction
  • On Jun. 7, 2024, FCC issued a correction to specify that as of Sep. 20, 2024, China Mobile, China Telecom, and China Unicom must discontinue broadband services.
  • Pacific Networks, ComNet, and their affiliates must also discontinue services.

Regulators ALA AG; ALSK AG; ARK AG; AZ AG; COL AG; CT AG; DC AG; DEL AG; FCC; FLA AG; GA AG; HWI AG; IDNA AG; ILL AG; KNS AG; KNY AG; MA AG; MCH AG; MD AG; ME AG; MN AG; MO AG; MS AG; MT AG; NC AG; ND AG; NEB AG; NH AG; NJ AG; NV AG; NYAG; OH AG; OKL AG; ORE AG; PEN AG; RI AG; SC AG; SD AG; TN AG; UTA AG; VA AG; VT AG; WAS AG; WIS AG; WV AG; WY AG
Entity Types CNSM; Corp
Reference 89 fR 48514, 6/7/2024; 89 FR 45404, 5/22/2024; PR, RF 17-108, 4/25/2024; PR, Info, 4/11/2024; PR, Lt Docket No. 23-320, 1/18/2024; 88 FR 76048, 11/3/2023; PR, WC Docket No. 23-320, 9/28/2023;
Functions Advertising; Complaints; Compliance; Operations; Privacy; Technology
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 9/28/2023
Effective Date 7/22/2024
Rule Id 186407
Linked to N/A
Reg. Last Update 6/7/2024
Report Section US Consumer

Last substantive update on 06/12/2024