The US Government has released the Federal Communications Commission’s Open Internet regulation package to the Federal Register. With publication, the net neutrality and Title II regulation, as laid forth by the FCC, are effective and enforceable starting on June 12.
Highlights of the order include the mandate that ISPs “shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a non-harmful device, subject to reasonable network management.” Not specifically addressed are interconnect rules, such as the peering arrangements between Netflix and ISPs, other than the FCC will intercede as it deems necessary, following examination.
Notably, the document defines reasonable network management specifically. If connection throttling has a legitimate technical reason, then ISPs are still free to do so. However, business reasons, such as forcing consumers off unlimited data plans, are specifically not allowed.
Major Title II provisions that are going to be applied to ISPs include enhanced investigation of consumer complaints, protections for consumer privacy, fair access to poles and conduits (currently mostly blocked), protections for the disabled, and an enhancement to the Universal Service Fund for underserved area expansion. Notably, the order “will not impose, suggest or authorize any new taxes or fees — there will be no automatic Universal Service fees applied, and the Congressional moratorium on Internet taxation applies to broadband.”
Some politicians are attempting to destroy the order, by removing the ability of the FCC to enforce the rules, or by stripping the FCC of enforcement funding. The new proposed laws are expected to either die in committee, or not pass presidential signature.
