As discussed in previous Kelley Drye blog posts, the FCC voted 3-2, along party lines, to reclassify “broadband Internet access service” (including both fixed and mobile broadband) as a “telecommunications service” under Title II of the Communications Act of 1934, as amended, and to apply new prohibitions on blocking, throttling and paid prioritization. It also forbears from many provisions of Title II, while applying other of the traditional Title II provisions.
The release of the Order enables everyone to begin the process of dissecting the dense 300+ pages of rules and explanations for the Commission’s action. The Order also moves the Open Internet rules one step closer to judicial review. Appeals can be filed once the Order is published in the Federal Register, a process that may take a week or more to be completed.
Kelley Drye attorneys Steve Augustino, John Heitmann and Tom Cohen discussed the implications of this order.