2010 Open Internet Rules
Genachowski FCC codifies Martin’s Internet Policy Statement
In December 2010, the FCC, under the leadership of then-Chairman Julius Genachowski, approved three basic net neutrality rules:
Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites or block applications that compete with their voice or video telephony services; and
No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
The rules followed directly from the 2005 Internet policy statement and relied on Title I authority and Section 706 of the Telecommunications Act of 1996, which directs the FCC to take actions that encourage the deployment of broadband.
In 2014, the U.S. Court of Appeals for the D.C. Circuit overturned the FCC’s 2010 Open Internet rules. The court ruled that since the FCC had previously classified broadband providers as information service providers under Title I, the FCC had relinquished its right to regulate them like common carriers unless it reclassified broadband as a telecommunications service.