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Financial Services Law Insights and Observations

FCC publishes Restoring Internet Freedom Order overturning net neutrality

Agency Rule-Making & Guidance FCC Net Neutrality Federal Register

Agency Rule-Making & Guidance

On February 22, the FCC formally published its Restoring Internet Freedom Order (Order) to overturn the 2015 Title II Order (known as, “Net Neutrality” rules). As previously covered in InfoBytes, the FCC voted last December to remove the restrictions barring internet service providers (ISPs) from slowing down or speeding up web traffic based on business relationships. Among other things, the Order’s “light-touch regulatory framework” will require ISPs to “publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission.” The Order takes effect April 23. The FCC will publish a separate document in the Federal Register announcing the effective date of certain delayed amendatory instructions and the Declaratory Ruling, Report and Order, and Order.

As discussed previously in InfoBytes, two governors signed executive orders last month designed to protect net neutrality in their states.