On September 28, 2023, the Federal Communications Commission (FCC) announced the release of a draft Notice of Proposed Rulemaking (NPRM).
As per the Wiley Rein LLP’s report , the NPRM, if adopted, would largely impact the regulation of broadband in the United States. Specifically, it proposes to reclassify both broadband internet access service and mobile broadband Internet access service. Under this proposal, broadband Internet access service would be deemed a telecommunications service in compliance with Title II of the Communications Act. Concurrently, mobile broadband Internet access service would be categorized as a commercial mobile service.
This new undertaking by the FCC signifies its commitment to revisit and possibly revive the debate surrounding the net neutrality rules. These rules, in the past, have been the subject of extensive discourse concerning the balance of power between internet users and providers. By recategorizing broadband services under the domains of telecommunications and commercial mobile services, the FCC’s proposal could enforce stricter regulatory oversight, a move which may invite both support and backlash in equal measure.
Consequently, legal professionals in the corporate world, particularly those operating within telecommunications firms, would do well to keep a close watch on the development and potential adoption of these proposed changes. Any shifts in the realm of broadband regulation can invariably give rise to new legal challenges and opportunities.