FCC Releases Final Text of Net Neutrality Order

The FCC released the final text of an order restoring net neutrality and reclassifying broadband internet access service as a Communications Act Title II telecom service Tuesday. Commissioners approved the item during their April open meeting in a 3-2 vote. An initial comparison between the final text and the draft shows several changes, including "no rate regulation, no tariffing, no unbundling of last-mile facilities, and no cost accounting rules" as part of the Title II reclassification (see 2404250004). The order also clarified that "we have not determined that regulation of zero-rating and interconnection is detrimental, leaving room for states to experiment and explore their own approaches within the bounds of our overarching federal framework." The FCC added to the state preemption section that “the mere existence of a state affordability program is not rate regulation.” The commission won’t “address any particular program here,” it said. “Nevertheless, we find that states have a critical role to play in promoting broadband affordability and ensuring connectivity for low-income consumers.” The 2nd U.S. Circuit Court of Appeals upheld New York state’s affordable broadband law one day after the FCC adopted the Title II decision (see 2404260051).