FCC Revives Net Neutrality Rules

April 25, 2024

BIAS Once Again Subject to Title II

Summary

On April 25, 2024, the Federal Communications Commission (FCC) considered a proposed Declaratory Ruling, Order, Report and Order, and Order on Reconsideration (Net Neutrality Order) and voted to reclassify Broadband Internet Access Service (BIAS) as a “telecommunications service” – placing it back under Title II subject to FCC jurisdiction.  The FCC aims to re-instate its prior core Net Neutrality rules, such as the prohibitions on blocking and throttling of lawful content and the prohibition on paid or affiliate prioritization of traffic.

The final release detailing the official regulatory guidelines will be forthcoming. Rules established in the final release will take effect 60 days after publication in the Federal Register.

What Impacts are Anticipated

While adjustments are still pending, the final release of the proposed Net Neutrality Order indicated Internet Service Providers (ISPs) should see updates to rules regarding transparency, such as adjustments to Network Management Disclosures and notification requirements. The proposed Net Neutrality Order also suggested updates and clarity would be provided regarding forbearance and regulations surrounding a number of topics, including privacy of customer information, pole attachments, rate regulation, disability access requirements, and CALEA compliance.

How Vantage Point Can Help

Vantage Point Solutions (VPS) is monitoring the release of the Final Net Neutrality Order. Upon the FCC’s issuance of its official requirements, VPS will be able to provide guidance on the applicability of Net Neutrality to your organization in various aspects.

VPS is always available to assist in updating Network Management Disclosures or similar policies, providing Trusted Third Party services for CALEA compliance, and assisting providers in understanding the applicable rules.

Our subject matter experts for this area are Mike Neeley, JD and Mikaela Burma, JD.