FCC Adopts Rules to Foster Open Internet

The Federal Communications Commission today set rules of the roads that aim to protect free expression and innovation on the Internet and promote investment in the nation’s broadband networks.

Key provisions and rules of the FCC’s Open Internet Order are:

Bright Line Rules: The first three rules ban practices that are known to harm the Open Internet:

· No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.

· No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.

· No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

A Standard for Future Conduct: The Order establishes 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.

Greater Transparency: In addition to the existing transparency rule, which was not struck down by the court, the Order requires that broadband providers disclose, in a consistent format, promotional rates, fees and surcharges and data caps.

Reasonable Network Management: For the purposes of the rules, other than paid prioritization, an ISP may engage in reasonable network management. This recognizes the need of broadband providers to manage the technical and engineering aspects of their networks.

For more information, visit http://www.fcc.gov/document/fcc-adopts-strong-sustainable-rules-protect-open-internet