FCC Net Neutrality Rulemaking

The Federal Communications Commission approved the policy known as net neutrality by a 3-2 vote at its meeting today, with FCC Chairman Tom Wheeler saying the policy will ensure "that no one — whether government or corporate — should control free open access to the Internet."

The Open Internet Order helps to decide an essential question about how the Internet works, requiring service providers to be a neutral gateway instead of handling different types of Internet traffic in different ways — and at different costs.

Republicans who warned that the FCC was overstepping its authority and interfering in commerce to solve a problem that doesn't exist. They also complained that the measure's 300-plus pages weren't publicly released or openly debated. The new policy would replace a prior version adopted in 2010 — but that was put on hold following a legal challenge by Verizon. The U.S. Court of Appeals for the D.C. Circuit ruled last year that the FCC did not have sufficient regulatory power over broadband.

After that ruling, the FCC looked at ways to reclassify broadband to gain broader regulatory powers. It will now treat Internet service providers as carriers under Title II of the Telecommunications Act, which regulates services as public utilities.

The ACLU noted that it was a victory for free speech. Americans use the Internet not just to work and play, but to discuss politics and learn about the world around them. The FCC has a critical role to play in protecting citizens' ability to see what they want and say what they want online, without interference. Title II provides the firmest possible foundation for such protections.

Opponents say: "The FCC's decision to impose obsolete telephone-era regulations on the high-speed Internet is one giant step backwards for America's broadband networks and everyone who depends upon them. These 'Title II' rules go far beyond protecting the Open Internet, launching a costly and destructive era of government micromanagement that will discourage private investment in new networks and slow down the breakneck innovation that is the soul of the Internet today."

The new FCC policy will "ban blocking, ban throttling, and ban paid-prioritization fast lanes." For the first time, open Internet rules will be fully applicable to mobile. By a 3-2 vote, the FCC voted to adopt net neutrality rules to "protect the open Internet.  (NPR)