ORBIS Compliance

FCC Reinstates Net Neutrality, Reclassifying Broadband as Essential Service

Published

The US Federal Communications Commission (FCC) has recently reinstated Net neutrality, marking a significant shift in regulatory policy seven years after its initial elimination. This reinstatement entails a reclassification of the internet as an essential service, elevating supervision over telecommunications operators. Moreover, broadband is being reclassified as a public service, aligning it with utilities such as water and electricity.

Key Updates

Central to this regulatory update is the recognition of broadband Internet access as a vital necessity, prompting the reclassification of Broadband Internet Access Service (BIAS) as a telecommunications service under Title II of the Communications Act of 1934. This reclassification not only reaffirms the Commission's authority to safeguard consumer interests but also resolves lingering challenges stemming from the 2017 classification decision.

Under the new regulations, Internet service providers are prohibited from engaging in practices such as blocking or throttling speeds of legal content, as well as establishing preferential "fast lanes" for entities willing to pay more. Additionally, the FCC is empowered to rescind authorizations granted to foreign entities deemed to pose a threat to the national security of the United States.

This decisive action by the FCC aims to ensure a "fast, open, and fair" Internet landscape, equipping regulatory bodies with the necessary tools to safeguard both the integrity of the open Internet and national security interests.

However, it is anticipated that the FCC's reversal of prior rules will ignite fresh debates surrounding the concept of net neutrality. Moreover, it is worth noting that legal challenges from the telecommunications industry may arise, potentially leading to further adjustments in regulatory frameworks.

Regulatory Impact

  • Top Priority: Yes
  • Type of Certificate: No
  • Spectrum Bands: No
  • Import Changes HS Codes: No
  • Standard Changes: Yes
  • Product Changes: No
  • Label Changes: No

Link to Source - https://www.fcc.gov/document/fcc-restores-net-neutrality-0

Regulatory Impact

Impact TypeStatus
Top Priority
Type Certificate
Spectrum Bands
Import Changes (HS Codes)
Standard Changes
Product Changes
Label Changes