This includes notably enhancing and enforcing its 'transparency rule'. This element of the Open Internet Order was upheld by the court and requires operators to disclose how they manage traffic on their networks. In addition to encouraging public awareness and complaints about possible violations of the rule, the FCC said it will work to ensure so-called 'edge providers', those that use the internet to deliver services, are aware of the possible technical impact of traffic management techniques and how they can adapt and develop their services.
In addition, the FCC will consider how it can meet the goals of the other main element of the Open Internet Order, no blocking of specific traffic, for which the court said the regulator did not provide sufficient legal backing. The regulator also sees room under its existing powers, notably Section 106 of the Communications Act that mandates the FCC to promote broadband access and remove barriers to infrastructure development and competition, that may allow it to set legal standards for non-discrimination. This may allow it to handle on a case-by-case basis cases of unwarranted throttling of specific internet applications.
The FCC also held out the possibility of acting on its so-called Title II authority under the Communications Act. This could see internet access reclassified as a telecommunications service, allowing the FCC to impose stricter regulations on ISPs. The regulator said it plans to put pressure on operators to meet their public commitments to upholding the spirit of the Open Internet Order. It will also look at ways to encourage competition in internet access, such as relaxing legal restrictions on local governments and public bodies providing broadband.
