The U.S. Federal Communications Commission today implemented rules that will require internet providers to uphold net neutrality.

The rules, which were approved in a 3-2 vote by the FCC’s commissioners, originally rolled out nearly a decade ago. They were rescinded in 2017 under the Trump administration. The FCC launched a push to revive the regulation late last year.

“Consumers have made clear to us they do not want their broadband provider cutting sweetheart deals, with fast lanes for some services and slow lanes for others,” said FCC Chair Jessica Rosenworcel. “They do not want their providers engaging in blocking, throttling, and paid prioritization. And if they have problems, they expect the nation’s expert authority on communications to be able to respond.”

Net neutrality is the principle that internet providers should treat all network traffic equally. A carrier can’t, for example, block or slow users’ access to online services that compete with its own products. The reverse is also true: Internet providers may not create network fast lanes that provide speedier access to certain websites.

FCC’s original net neutrality rules took the form of a 400-document, the Open Internet Order, that the agency released in 2015. After the regulation was scrapped in 2017, dozens of states moved to roll out their own net neutrality rules. Four years later, President Joe Biden signed an executive order urging the FCC to restore the rescinded rules.

Today’s decision by the agency reclassifies broadband providers as so-called common carriers. Under the Telecommunications Act of 1996, companies classified as common carriers have to treat all internet traffic equally. The legislation assigns the task of enforcing that requirement to the FCC.

The newly reinstated net neutrality regulation prohibits broadband providers from “blocking, throttling, or engaging in paid or affiliated prioritization arrangements.” They will also have to comply with several other rules, including a requirement to report network outages to the FCC. The regulation enables the agency to investigate potential net neutrality violations and issue enforcement advisories.

The FCC plans to publish its new net neutrality rules via the Federal Register in the near future. According to Politico, the regulation will go into effect 60 days later. 

The telecommunications sector is expected to challenge the rules in court. According to Ars Technica, internet providers argue that they already uphold net neutrality and that the regulation will complicate new investments in network infrastructure. In 2015, an appeals court sided with the FCC after carriers brought a similar legal challenge against the first iteration of the agency’s net neutrality rules. 

Photo: FCC/Flickr