After months of debate and speculation, the Federal Communications Commission (FCC) issued its order last month reclassifying broadband internet access service (BIAS) as a telecommunications service subject to common carriage regulations under Title II of the Communications Act.1 In so doing the FCC reversed its order of 2017 classifying BIAS as an information service under the Act (and thus not subject to common carriage regulation). It also reinstated rules that prohibit BIAS providers from blocking or throttling access to content, sites, or applications (or categories of content, sites, or applications), prioritizing third-party traffic in exchange for consideration, prioritizing traffic from affiliates, and engaging in broadly defined unreasonable discrimination in the offering of BIAS.
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