FCC Restores Net Neutrality Protections and Title II Oversight
In a 3-2 vote, the FCC reclassified broadband internet access as a Title II service, reinstating net neutrality rules, national security oversight, and transparency obligations for providers.
The Federal Communications Commission voted 3-2 on April 25, 2024 to adopt the Safeguarding and Securing the Open Internet order, reversing the 2017 rollback and restoring net neutrality protections for broadband consumers. The decision reclassifies broadband internet access service as a Title II telecommunications service under the Communications Act, while simultaneously forbidding rate regulation, tariff filing, or forced network unbundling.
The order reinstates the bright-line rules against blocking, throttling, and paid prioritisation, and restores the general conduct standard and transparency obligations that require providers to disclose network management practices, performance characteristics, and commercial terms. Providers must also document any practices that could disadvantage lawful content or applications.
By reestablishing Title II authority, the FCC regains tools to address national security and public safety risks. The order clarifies the agency’s ability to revoke authorisations for carriers linked to adversarial nations, scrutinise supply chain vulnerabilities, mandate participation in outage reporting programmes, and coordinate resilience planning across federal, state, and local stakeholders.
Enterprises and broadband providers must now re-evaluate compliance roadmaps. The order becomes effective 60 days after publication in the Federal Register, with certain transparency updates and reporting requirements taking effect later to allow implementation time.
Recommended actions for network and policy teams
- Review broadband customer agreements, zero-rating programmes, and traffic management policies to confirm they align with the restored bright-line rules.
- Update public disclosures and API feeds that document network performance, latency, and congestion management so they satisfy the FCC’s transparency framework.
- Coordinate with security and procurement teams on supply chain due diligence, especially where network equipment vendors may face heightened review or revocation risk.
- Track forthcoming guidance on outage reporting, CPNI handling, and national security assessments to stage audit evidence before enforcement begins.