With much publicity, the FCC recently released its Open Internet Order laying out the its revised net neutrality rules. In an historic change of position, the Order, among other things, (1) reclassifies retail broadband internet access as subject to “common carrier” regulations, (2) imposes prohibits from giving preferred customers a “fast lane” to end-user customers, and (3) bars “blocking” or “throttling” Internet traffic. The new rules will apply to both wired and wireless ISPs, and, for the first time, give the FCC authority to resolve certain disputes arising between service and content providers.
Our crack team of Squire Patton Boggs regulatory and public policy experts have studied the Order and have drafted an excellent summary (available here). This is a good place to start if you’re thinking of tackling the several hundred page order itself.
Communications experts tell us that the Order is certain to be challenged in court. So, expect at least a few more years of regulatory uncertainty until this all shakes out.