Federal Communications Commission Seeks To Revive Net Neutrality Rules

On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States. Specifically, the NPRM would reclassify (i) broadband Internet access service as a telecommunications service under Title II of the Communications Act, and (ii) mobile broadband Internet access service as a commercial mobile service. The FCC proposes to then use its authority under Title II to largely reinstate the open Internet rules the FCC adopted in its 2015 Open Internet Order.

The draft NPRM has significant and broad-ranging implications for the business practices of Internet service providers (ISPs). If adopted, ISPs using terrestrial, wireless, and satellite facilities will be prohibited from blocking, throttling, or paid prioritization. The FCC also proposes requiring ISPs to comply with a vague "general conduct standard" and the