Two weeks ago, the Federal Communications Commission (FCC) cast its votes regarding rules that are meant to protect net neutrality, which means keeping the Internet accessible to everyone. The Commission voted 3-2 to reclassify high Internet speeds as a telecommunications service under Title II of the Telecommunications Act, which gives the Commission the power to enforce net neutrality rules.

Until now, the FCC has not made the net neutrality rules public, which has caused some in the industry to question how the rules are going to affect Internet Service Providers (ISPs) and consumers alike. The 400+-page net neutrality rule is a lengthy read, so here are just some of the highlights from the published document:

Bright-line rules

FCC Chair Tom Wheeler enumerated what he calls as “bright-line rules,” which include no paid prioritization, or “fast lanes,” that will divide the Internet into “haves” and “havenots”; no blocking, which means consumers get unfettered access to any lawful content on the Internet or consumers get what they pay for; and no throttling, which means ISPs are not allowed to slow down a user’s Internet speeds, as degradation of Internet access to legal content can have the same effect as blocking, which, as stated, is not permitted.

Rules that won’t apply to ISPs

Despite being reclassified as a telecommunications service, not all of the rules under Title II will be applicable. About 700 rules will not be applicable, including “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.”

The new rules could spark tension between the FCC and FTC. Roger Entner, telecommunications expert and lead analyst and founder of Recon Analytics, stated that the new rules by the FCC show just how important the Internet has become in our lives, but it could lead to a tension between the FCC and the Federal Trade Commission, which is responsible for protecting consumers online.

Standard for future conduct

The new regulation also includes what is called “standard for future conduct,” which is “designed to protect the ability of consumers and content providers to use the Internet and connect to each other without being unreasonably interfered with or disadvantaged.” Wireless carriers don’t need to ask the FCC permission before they launch a new data plan or mobile offering, but they can go to the commission to get an “advisory opinion” to see whether what they have in mind meets the standard.

As for the standard, the FCC will consider whether new plans will empower consumers to make meaningful choices, its effects on the market and its competition, if consumers are protected, how it will affect innovation, if it threatens freedom of expression, if it will harm content providers, and if the plans conform to best practices by industry standards.

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