Title II, net neutrality 'Open Internet' FCC order published in full
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updated 10:58 am EDT, Thu March 12, 2015
No surprises; Title II a light touch, debate terms bandied about defined finally
The US Federal Communications Commission has published its new Open Internet order, also known as net neutrality, in full. The document spells out specifically which aspects of the 80-year-old Title II concept will be applied to Internet Service Providers, as well as specifics of the net neutrality order.
Electronista is reading the document in full now, but highlights of the order include the mandate that ISPs "shall not impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device, subject to reasonable network management." Not specifically addressed are interconnect rules, such as the peering arrangements between Netflix and ISPs, other than the FCC will intercede as it deems necessary following examination.
Notably, the document defines reasonable network management specifically. If connection throttling has a legitimate technical reason, then ISPs are still free to do so. However, business reasons, such as forcing consumers off unlimited data plans are specifically not allowed.
Major Title II provisions that are going to be applied to ISPs include enhanced investigation of consumer complaints, protections for consumer privacy, fair access to poles and conduits (currently mostly blocked), protections for the disabled, and an enhancement to the Universal Service Fund for underserved area expansion. Notably, the order "will not impose, suggest or authorize any new taxes or fees -- there will be no automatic Universal Service fees applied, and the congressional moratorium on Internet taxation applies to broadband."
Check back later for more updates on the order.