Yesterday, the FCC released a Public Notice establishing a new docket to consider how to proceed with its net neutrality efforts.  This follows last month’s decision by the U.S. Court of Appeals for the D.C. Circuit to strike down key parts of the FCC’s 2010 Open Internet Order, also known as the “Net Neutrality” Order.    

In its Opinion, the Court affirmed the FCC’s authority to regulate broadband Internet access service and upheld the transparency rule.  But the Court struck down the FCC's anti-blocking and anti-discrimination rules because they amounted to common carrier regulation of an “information service,” and remanded the Open Internet Order to the FCC for further proceedings consistent with its Opinion.  Accordingly, the Public Notice outlines FCC Chairman Wheeler’s decision to establish a new docket to seek comment on what actions the FCC should take in light of the Court’s decision. 

The Public Notice does not set forth proposals for adoption of specific rules, but rather seeks public comment on what should be proposed.  At the same time, Chairman Wheeler released a Statement re-affirming his dedication to reinstating some form of the anti-blocking and anti-discrimination rules, and laying out a framework for the new set of rules that he will be asking his fellow commissioners to consider.  Chairman Wheeler also signaled his intent to examine state laws that prohibit or restrict the ability of cities and towns from offering broadband Internet service.

The FCC welcomes comments from interested parties, and notes that comments filed within the next 30 days will be especially helpful.

The Public Notice stresses that the transparency rule remains in full force, and that broadband Internet providers must continue to disclose their network management practices, performance characteristics, and terms and conditions of their broadband services.  Further, it reminds parties that they may continue to submit formal or informal complaints to the FCC regarding violations of the transparency rule.

Because the “transparency” rule remains, broadband Internet providers should review their disclosures and make sure they reflect current network management practices, service characteristics, and terms and conditions.

For more information about the Court’s decision, see our January 17 Client Update.  You can also check out Barbara Esbin’s recent interview with BNA Bloomberg editor Paul Barbagallo on the FCC's options following the D.C. Circuit’s Net Neutrality ruling on our website.

If you have questions about the Court’s decision, the new docket, or your broadband service disclosures, please contact Barbara Esbin at (202) 872-6811 or besbin@cinnamonmueller.com, Elvis Stumbergs at (202) 872-6881 or estumbergs@cinnamonmueller.com, Scott Friedman at (312) 372-3930 or sfriedman@cinnamueller.com, or Jake Baldwin at (312) 372-3930 or jbaldwin@cinnamonmueller.com.