On March 12th, the FCC released its long-awaited 2015 Open Internet Order. In brief, the order reclassifies broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act, imposes three bright-line “Open Internet” rules, enhances the transparency rule, adopts a forward-looking reasonable conduct standard for service provider conduct, and forbears from applying a number of provisions of Title II. The rules apply equally to fixed and mobile BIAS providers, including resellers (e.g., MVNOs). The order is undoubtedly a landmark decision that changes dramatically, the FCC’s role with respect to consumer protection, the Internet, and the many business models that utilize the Internet in one way or another.
Kelley Drye’s Communications Practice Group has prepared an advisory that summarizes the order and discusses the scope and impact of the Commission’s action. In addition, members of the Communications Practice Group will conduct a free webinar on Tuesday, March 24, 2015 at 12 noon Eastern time. The webinar will provide an informative discussion of the implications of the FCC’s landmark order and what to expect from the FCC, the courts and Congress in the next couple months.
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