Open Internet 2.0 on its Way as FCC Adopts Proposed Rulemaking Notice

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In a 2-1 vote, the FCC adopted a Notice of Proposed Rulemaking (NPRM) that proposes to undo the actions taken in the agency’s 2015 Open Internet Order to regulate broadband and net neutrality under Title II authority for telecommunications and revert back to the light-touch framework that existed since the 1990s under Title I authority for information services. The NPRM also proposes rules that would switch the classification of mobile broadband Internet access service back to a private mobile service and eliminate the general Internet conduct standard. Chairman Ajit Pai and Commissioner Michael O’Rielly issued statements in support of the proposals raised in the NPRM while Commissioner Mignon Clyburn “vociferously” dissented. Comment deadlines have not yet been established and the NPRM has not yet been released officially, though a draft of the item was released last month.

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