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These are the Full FCC Net Neutrality Rules

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  • These are the Full FCC Net Neutrality Rules

    The full rules disclosed and open

    Today the FCC released the full rules surrounding net neutrality, officially called the Open Internet Order. The rules themselves have not changed, the essence of what we've known up until this point, has not changed. The following three hardline rules stand firm:
    1. No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
    2. No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
    3. No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration or any kind—in other words, no "fast lanes." This rule also bans ISPs from prioritizing content and services of their affiliates.

    Also, the FCC states it will not be applying over 700 rules to the order, specifically the following:
    "Today, our forbearance approach results in over 700 codified rules being inapplicable, a “light-touch” approach for the use of Title II. This includes no unbundling of last-mile facilities, no tariffing, no rate regulation, and no cost accounting rules, which results in a carefully tailored application of only those Title II provisions found to directly further the public interest in an open Internet and more, better, and open broadband. Nor will our actions result in the imposition of any new federal taxes or fees; the ability of states to impose fees on broadband is already limited by the congressional Internet tax moratorium.
    This is Title II tailored for the 21st Century. Unlike the application of Title II to incumbent wireline companies in the 20th Century, a swath of utility-style provisions (including tariffing) will not be applied. "
    Essentially what this means is that consumers can expect prices to remain in the hands of providers because the same pricing regulations applied to common utilities, will not be applied to ISPs, and not governed by state bodies. What this also means is that local municipalities are now opened to local providers coming in and setting up camp, delivering more options and more competition. This is what I have been saying in the past several articles regarding the FCC rules on net neutrality.
    Interesting to note is that the FCC also states in the order that ISPs can no longer play double dipping, classifying themselves as common carriers, and not, whenever they see fit for a business advantage:
    "This Order also revisits the Commission’s prior classification of mobile broadband Internet access service as a private mobile service, which cannot be subject to common carrier regulation, and finds that it is best viewed as a commercial mobile service or, in the alternative, the functional equivalent of commercial mobile service."
    This rule specifically calls out Verizon as an example, where Verizon had been taking advantage of an old loophole to circumvent established rule sets.
    Prior to today, questions were still floating around on how specific the FCC would be and where it would be loose. With the full rules listed, the circumstances around net neutrality are now clear. If you've been following the issue, recall that the camps were split on what the FCC would and wouldn't do. Many were concerned about price hikes, and taxation, but these concerns can now be put to rest. In creating the Open Internet Order, the FCC also decided to publicly govern itself, inserting check-and-balances to ensure it couldn't overstep its own rules.
    Read the full Open Internet Order here (PDF).


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