United States of America: Published Notice of Proposed Rulemaking to reestablish FCC authority over broadband providers under Title II of Communications Act

On 28 September 2023, the US Federal Communications Commission (FCC) published a notice of proposed rulemaking to reestablish its authority over broadband providers under Title II of the Communications Act. More specifically, the proposal seeks to reestablish the FCC's oversight over the Internet, ensuring its speed, openness, and fairness (net neutrality). Furthermore, it aims to reintroduce rules for Internet service providers, creating a consistent national approach to protect Internet openness and replacing the current state-specific regulations. The proposal suggests reinstating the 2015 framework, which classified broadband Internet access service as a telecommunications service and mobile broadband Internet access service as a commercial mobile service. Additionally, the proposed rule advocates for the reintroduction of a uniform nationwide regulatory approach to protect the open Internet. Moreover, it suggests reintroducing a general code of conduct that prohibits actions that unreasonably interfere with or disadvantage consumers or edge providers, and it proposes maintaining the disclosure requirements of the existing transparency rule.