2015 Open Internet Order
The FCC’s 2015 Open Internet Order established comprehensive net neutrality rules by reclassifying broadband internet as a telecommunications service under Title II of the Communications Act.
Core Net Neutrality Principles
The order established three bright-line rules:
- No Blocking: ISPs cannot block access to legal content, applications, services, or non-harmful devices
- No Throttling: ISPs cannot impair or degrade lawful internet traffic
- No Paid Prioritization: ISPs cannot create paid fast lanes for content
Title II Reclassification
The order:
- Reclassified broadband as a “telecommunications service”
- Applied common carrier regulations with forbearance from many provisions
- Extended the full suite of net neutrality rules to mobile broadband
Regulatory Requirements
- Required ISPs to treat all internet traffic equally regardless of source or content
- Prohibited ISPs from charging content providers for preferential delivery to consumers
- Restricted ISPs from selectively blocking or prioritizing access to internet services
- Required ISPs to publicly disclose network management practices and performance metrics
Repeal and Subsequent Developments
- Repealed by FCC’s 2017 Restoring Internet Freedom Order
- Several states enacted their own net neutrality laws
- Legislative proposals to establish net neutrality rules through statute have been introduced
- Continued debate over internet regulation framework