The Federal Communications Commission (FCC) has formally proposed for public comments new net neutrality rules that—if adopted—will impact both internet service providers (ISPs) and the entities that provide content, applications, services and devices accessed over the internet (i.e., “edge providers”). The move comes only weeks after Chairwoman Jessica Rosenworcel obtained a Democratic majority with the swearing-in of Commissioner Anna Gomez on September 25, 2023.

For ISPs, the Notice of Proposed Rulemaking (NPRM) is deja vu. The NPRM largely tracks the net neutrality rules the FCC adopted in 2015, based on reclassifying broadband internet access (BIAS) as a telecommunications service under Title II of the Communications Act. As in 2015, the NRPM proposes prohibiting blocking and throttling lawful traffic (subject to a reasonable network management practice exception) and paid prioritization by third parties (i.e., paying ISPs to prioritize traffic routing). It also proposes to adopt a general conduct standard that would mimic the 2015 rules by prohibiting any unreasonable interference with an end user’s ability to use BIAS to access services or content or to use devices.Continue Reading Net Neutrality 2.0: The FCC Revives Net Neutrality Emphasizing Concerns with Data Privacy, Cybersecurity and National Security