FCC Adopts 2015 Open Internet Order Reclassifying Broadband Under Title II
Event Reviewed Automatically reviewed for factual accuracy, tone, and neutrality. Review does not check claims against cited sources. Last reviewed 24 October 2026.The Federal Communications Commission votes 3-2 to reclassify broadband internet access as a common carrier telecommunications service under Title II of the Communications Act and to prohibit internet service providers from blocking, throttling or selling paid prioritization of lawful traffic.
Broadband becomes a regulated common carrier service; no blocking, throttling or paid prioritization.
On November 10, 2014, President Barack Obama issued a statement asking the FCC to reclassify consumer broadband under Title II and to apply bright-line rules against blocking, throttling and paid prioritization, including to mobile broadband. Chairman Tom Wheeler’s order passed with the votes of Commissioners Mignon Clyburn and Jessica Rosenworcel; Commissioners Ajit Pai and Michael O’Rielly dissented, arguing that the FCC was exceeding its authority to address a problem that did not exist; Pai predicted higher costs for consumers and less innovation, and said the agency acted as it did because of the President’s intervention.
Alongside the three bright-line rules, the order forbore from applying many other Title II provisions to broadband and added a general conduct standard for practices not covered by the specific rules, which the Electronic Frontier Foundation, while supporting the order, criticized as vague. The order itself was released on March 12, 2015.
Sources
- 01.
Federal Communications Commission. Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, FCC 15-24, GN Docket No. 14-28. (2015). The order itself, adopted 26 February 2015 and released 12 March 2015 (dates confirmed in Akin Gump's 'FCC Releases Open Internet Order' client alert, https://www.akingump.com/en/insights/alerts/fcc-releases-open-internet-order). Source for the Title II reclassification, the three bright-line rules, forbearance, and the general conduct standard.
- 02.
Wilhelm, A. & Buhr, S. (2015). FCC Passes Strict Net Neutrality Regulations On 3-2 Vote. TechCrunch. Contemporaneous report dated 26 February 2015, read directly. Supports the 3-2 vote, the use of Title II to reclassify broadband, the votes of Chairman Tom Wheeler and Commissioners Mignon Clyburn and Jessica Rosenworcel in favor and Commissioners Ajit Pai and Michael O'Rielly against, and Pai's statement attributing the outcome to President Obama's involvement.
- 03.
NPR (republished by WFYI). FCC Approves Net Neutrality Rules For 'Open Internet'. (2015). NPR report dated 26 February 2015, read directly. Supports the dissenting commissioners' argument that the FCC was overstepping its authority to solve a problem that does not exist, and Pai's prediction of higher costs for consumers and less innovation.
- 04.
Gillula, J. & Stoltz, M. (2015). Dear FCC: Thanks for Listening to Team Internet!. Electronic Frontier Foundation (Deeplinks). Advocacy organization's post dated 26 February 2015, read directly. Supports the 3-2 vote reclassifying broadband as a common carrier service under Title II, the bans on blocking, throttling and paid prioritization, forbearance from other parts of the Act, and the general conduct rule.
- 05.
The White House (Obama administration archive). Statement by the President on Net Neutrality. (2014). Statement dated 10 November 2014, read directly. Supports Obama's request that the FCC reclassify consumer broadband under Title II, apply the rules to mobile broadband, and adopt no-blocking, no-throttling and no-paid-prioritization rules.
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