Open Internet Order

Open Internet Order. This landmark regulatory framework was adopted by the Federal Communications Commission in 2015. It aimed to establish enforceable rules to preserve a free and open Internet by regulating broadband providers. The order was a pivotal moment in the long-running policy debate over net neutrality in the United States.

Background and history

The policy debate leading to this action stemmed from earlier regulatory efforts under the Communications Act of 1934 and the Telecommunications Act of 1996. Following a 2014 proposal by then-Chairman Tom Wheeler, the FCC received a record number of public comments, many spurred by advocacy from groups like Free Press and Electronic Frontier Foundation. This public outcry influenced the commission to pursue stronger regulations. The legal foundation shifted from a less stringent approach under the 2010 Open Internet rules, which were largely overturned in Verizon Communications Inc. v. Federal Communications Commission. In response, the commission reclassified broadband under Title II of the Communications Act, treating it as a telecommunications service akin to traditional telephone networks.

Key provisions and rules

The order established three bright-line rules for fixed broadband and mobile broadband providers. First, the **no blocking** rule prohibited the impairment or degradation of lawful Internet content. Second, the **no throttling** rule banned the slowing down of specific applications or services. Third, the **no paid prioritization** rule forbade the creation of "fast lanes" for content providers who paid extra. It also included a general conduct standard to prevent unreasonably interfering with end user access. Importantly, the rules applied enhanced transparency requirements, mandating that providers disclose network management practices to consumers and the FCC.

Legal challenges and court rulings

The order faced immediate legal challenges from the telecommunications industry. Trade associations including USTelecom and CTIA filed suits in the United States Court of Appeals for the District of Columbia Circuit. The primary case, United States Telecom Ass'n v. Federal Communications Commission, argued the FCC overstepped its authority in reclassifying broadband. In a major victory for proponents, a three-judge panel including Judge David Tatel upheld the order in its June 2016 ruling. The court deferred to the commission's expertise under the Chevron doctrine, affirming both the reclassification and the core rules. Petitions for a rehearing by the full D.C. Circuit and later the Supreme Court of the United States were denied.

Repeal and subsequent developments

Following the 2016 presidential election, the new administration appointed Ajit Pai as FCC Chairman. Pai, a critic of the policy, led the effort to repeal it through the Restoring Internet Freedom order, which was adopted in December 2017. This reversal reverted the classification of broadband to an information service and eliminated the bright-line rules. The repeal was upheld by the same D.C. Circuit in Mozilla Corp. v. Federal Communications Commission in 2019, though the court remanded aspects concerning public safety and Lifeline. In response, several states, including California and Washington, enacted their own net neutrality laws, leading to further legal battles with the United States Department of Justice.

Impact and legacy

The order cemented the principle of net neutrality into enforceable federal regulation for the first time, influencing global debates in places like the European Union. Its repeal intensified advocacy efforts and shifted the regulatory battleground to individual states and Congress. The policy's legacy is evident in subsequent legislative proposals, such as the Save the Internet Act introduced in the United States House of Representatives. The debate it framed continues to shape discussions on digital equity, 5G deployment, and the power of Internet service providers in the modern economy.

Category:Internet governance in the United States Category:Federal Communications Commission Category:2015 in American law