The FCC’s Enforcement Bureau (Bureau) is spreading the word that any entity that is subject to the FCC’s net neutrality rules (i.e., no blocking, no throttling, no paid prioritization, transparency disclosures, or the Internet conduct standard) may request an advisory opinion from the Bureau to obtain “clear guidance” before engaging in a prospective business practice that implicates the net neutrality rules. In a public notice detailing the process, the Bureau indicates that advisory opinions are strictly voluntary and are not binding, though requesting parties may rely on opinions where the situation conforms to conditions laid out in the opinion. The Bureau will make advisory opinions publicly available, which it believes will reduce disputes by providing guidance to the industry. Materials associated with requests still can be submitted confidentially.
