Regulatory classification

On May 6, 2010, FCC Chairman Julius Genachowski announced that the Commission would soon launch a public process seeking comment on the options for a legal framwork for regulating broadband services.

Big ISPs Argue Against Regulation

Big internet service providers (ISPs) have been using the same arguments against being regulated for the last decade. These arguments were used to justify killing Title II regulation under the Ajit Pai FCC and have been resurrected today to try to get Congress to override the FCC’s decision to reimpose broadband regulation. From my perspective, their arguments have gotten stale and out of touch with the way the market really operates. The big ISP trade associations have been telling the public for years that broadband prices have been falling in ‘real terms’.

The Definition of Broadband

As the Federal Communications Commission reinstates Title II regulation, the definition of broadband defines what is and isn’t directly regulated. In the Order that reinstated Title II regulation, the FCC notes that it continues “to define 'broadband Internet access service' as a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service.” It

What ISPs Need to Know About the FCC’s Title II/Open Internet Order

On May 7, 2024, the Federal Communications Commission released a Declaratory Ruling reclassifying “broadband Internet access service” (BIAS) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations and a Report and Order applying a set of Open Internet rules to BIAS providers.

A Troubling Decision on Rates

The 2nd US Circuit Court of Appeals in Manhattan ruled recently that federal telecommunications law does not stop states from regulating broadband rates. This was in relation to a 2018 law passed by the State of New York that required internet service providers (ISPs) to offer low-income rate plans for as low as $15 per month. ISPs appealed the new law, and a US District Court issued an injunction against the law. The recent ruling overturned that injunction and puts the law back into effect.

FCC Waives Enhanced A-CAM Rule to Facilitate Deployment in West Virginia

The Federal Communications Commission's Wireline Competition Bureau (Bureau) waives the FCC’s rules, on its own accord, to include in West Side Telephone Company’s (West Side’s) Enhanced Alternative Connect America Model (Enhanced A-CAM) offer locations that would otherwise have been treated as served by a competitor due to a federally enforceable commitment by ClearFiber. This limited waiver applies only to the locations within West Side’s West Virginia study area where ClearFiber is no longer subject to a

FCC, FTC Formalize Enforcement Partnership for Protecting the Open Internet

This Memorandum of Understanding (“MOU”) is entered into by the Federal Communications Commission and the Federal Trade Commission for the purpose of facilitating their joint and common goals, obligations, and responsibilities to protect consumers and the public interest. The Agencies recognize and acknowledge that each agency has legal, technical, and investigative expertise and experience that is valuable for rendering advice and guidance to the other relating to the acts or practices of Internet service providers. It is agreed that: 

FCC Restores Net Neutrality

The Federal Communications Commission voted to restore a national standard to ensure the internet is fast, open, and fair. This decision to reclassify broadband service as a Title II telecommunications service allows the FCC to protect consumers, defend national security, and advance public safety. With this vote, the FCC restores fundamental authority to provide effective oversight over broadband service providers, giving the Commission essential tools to:

The FCC Restores Net Neutrality—What That Means

Net neutrality, a set of policies designed to prevent internet-service providers from playing favorites among the websites they carry, is coming back. In a vote on April 25 the Federal Communications Commission classified internet service as a public utility. The definition is part of a new framework the FCC will use to regulate broadband networks. Net-neutrality rules typically bar internet-service providers from assigning priority to certain web traffic or creating so-called fast lanes for certain websites.

How the FCC Can Safeguard Broadband Affordability Initiatives Without Rate Regulation

On April 25, the Federal Communications Commission will vote to reinstate the net neutrality rules and resume real regulatory oversight over broadband. It is critical that the text of this reinstated regulatory framework does not inadvertently undermine its own objectives in regards to broadband affordability.