The FCC today released the text of its plan to reverse Obama-era net neutrality regulations. The FCC contends that the rules stifled innovation and investment in wired and wireless broadband. Under the terms of the order, the FCC seeks to reclassify broadband internet access as a service under Title I of the Communications Act, as well as reinstate mobile broadband as a private mobile service. Under current law, broadband is classified under Title II as a utility. The new order returns oversight powers to the Federal Trade Commission, which the FCC believes will be able to protect consumers against unfair, deceptive, and anticompetitive practices. The order requires that ISPs disclose the details concerning their business practices to consumers, particularly with respect to any blocking, throttling, paid prioritization, or affiliated prioritization. The FCC believes that transparency -- rather than any sort of legal framework -- will provide enough impetus for broadband providers to act in good faith. The rules will go into effect once approved by the Office of Management and Budget. The FCC voted 3-2 along party lines. Chairman Pai and Commissioners Carr and O'Reilly published statements in support of the new order, while Commissioners Clyburn and Rosenworcel issued stinging rebukes. "As a result of today’s misguided action, our broadband providers will get extraordinary new power from this agency," commented Rosenworcel. "They will have the power to block websites, throttle services, and censor online content. They will have the right to discriminate and favor the internet traffic of those companies with whom they have pay-for-play arrangements and the right to consign all others to a slow and bumpy road. This is not good. Not good for consumers. Not good for businesses. Not good for anyone who connects and creates online."
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