United States of America: Announced Rulemaking proposal to reestablish FCC authority over broadband providers under Title II of Communications Act

On 26 September 2023, the US Federal Communications Commission (FCC) announced a rulemaking proposal to restore net neutrality and reestablish the FCC’s authority over broadband providers under Title II of the Communications Act. The proposed regulations would recategorise both fixed and mobile broadband services as essential "telecommunications" services under Title II of the Communications Act. As a result, broadband providers would be prevented from blocking legal content, throttling service speeds, and providing faster service in paid-for “fast lanes”. Further, the FCC would be empowered to take measures in areas like public safety, network resilience, national security, cybersecurity, privacy, broadband deployment, and more. The Chairwoman also emphasised the need for a uniform, national, rather than patchwork, open internet standard. If approved by the full Committee on 19 October 2023, the FCC will begin the rulemaking process, and the proposal will be made publicly available and allow for a public input process.