FCC Publishes Net Neutrality Order in Fed. Reg.

On May 22, 2024, the FCC published in the Federal Register the Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (“BIAS”) under Title II of the Communications Act, reinstating the 2015 blocking, throttling, and paid prioritization prohibitions and the general conduct standards, establishing new transparency requirements, and dismissing several petitions for reconsideration of the 2018 order abolishing net neutrality.

The item is effective July 22, 2024, except for the amendments to 47 C.F.R. § 8.2, “Transparency,” which requires broadband providers to “publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.”  The effective date of this provision will be announced in a future Federal Register publication, once the FCC receives OMB approval.

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