On May 22, 2024, a notice and summary of the Federal Communications Commission’s (FCC’s) recent decision to reclassify broadband Internet access service (“BIAS”) as a Title II telecommunications service was published in the Federal Register. As we explained on our Full Spectrum podcast, the item adopted by the FCC includes new and modified open Internet rules and imposes several provisions of Title II on BIAS providers (e.g., consumer protection, privacy, and disabilities access requirements), while forbearing from others.

Most provisions of the decision will become effective on July 22, 2024. However, in the publication, the FCC noted two specific rule changes that would be delayed indefinitely.” The first is the amended transparency” rule, which requires BIAS providers to make certain disclosures on their websites regarding network management practices, performance, and commercial terms of their services. The second is a non-substantive reorganization within the broadband label rule. Until the specific effective date(s) for these changes is announced, the current iterations of these two rule provisions will remain in place.

Please contact your regular Kelley Drye attorney or any member of the Communications practice group if you have questions about these changes.