As expected, the U.S. Federal Communications Commission (FCC) has moved forward to restore its rules intended to provide a national standard for broadband reliability, security, and consumer protection.
Adopted by the Commission in late April and released in early May, the Declaratory Ruling, titled “In the Matter of Safeguarding and Securing the Open Internet Restoring Internet Freedom,” restores the Net Neutrality rules originally approved by the Commission in 2005. During the ensuing years, the FCC’s authority to implement such rules was repeatedly challenged in the federal courts, ultimately leading the FCC to withdraw the rules in 2018.
The 700-plus page Declaratory Ruling classifies broadband internet access service (BIAS) as a telecommunications service, thereby placing the regulation of such services under the purview of the FCC, as specified in Title II of the Communications Act of 1934, as amended. Further, a companion Report and Order issued by the Commission details specific rules for the “Open Internet” and a process for enforcing those rules.
