The FCC's proposal follows a ruling by a US court of appeals in January against the regulator's previous Open Internet rules. The FCC has decided to revise the rules in line with the judgement, building on its authority to promote broadband access in the US. Its public consultation also considers invoking the so-called Title II rules of the Communications Act, which would reclassify internet service as a utility to allow greater regulation of ISPs.
The FCC proposes to retain the definitions and scope of its Open Internet rules of 2010, which governed all broadband internet access service providers. This would include enhancing the transparency rule, to provide customers better information about traffic management practices of ISPs, and maintaining the "no-blocking" rule, to ensure no end-user is prevented access to legal content online or a minimum quality of service. The proposal also looks at whether 'paid prioritisation' should be allowed, so content providers could pay an ISP to provide greater bandwidth for their end-users. The FCC assumes this would not be allowed for an ISP's owns services to obtain priority access over other content.
In particular, the FCC focused on how the rules would be applied. The consultation asks how to devise a multi-factor "screen" to analyse whether any ISP conduct hurts consumers, competition, free expression and civic engagement and other criteria under a legal standard termed "commercial reasonableness". The FCC also suggested the creation of an ombudsman to handle consumer and industry complaints on the issue. This could include the possibility of anonymous complaints and strengthened dispute resolution mechanisms.
The FCC will consult on the proposals until early September. At its meeting in September, the council is expected to consider adopting a firm proposal for the new rules, based on the market feedback.
