FCC Open Internet Order Creates Uncertainty and Risk

Mon Jul 27 15:17:45 EDT 2015
Dr. Christian Dippon (with Marty Stern and Sam Castic of K&L Gates)

In March 2015, the Federal Communications Commission (FCC) adopted its highly controversial net neutrality order, which imposes various “open Internet” requirements on mass-market broadband access providers, including cable, DSL, fiber, and wireless companies. The new requirements, which went into effect on 12 June, include no blocking, no throttling, no paid prioritization, and enhanced consumer transparency. But the order also reclassified broadband Internet service as a common carrier offering under Title II of the Communications Act, subjecting broadband providers to a number of provisions historically reserved for traditional fixed and mobile telecommunications operators. This article from Corporate Counsel explores appeals of the order, which are now pending in the DC Circuit, as well as the consequences of the order for broadband companies, particularly regarding privacy oversight and enforcement.