"As congressional policymakers continue to debate telecommunications reform, a major
discussion point revolves around what approach should be taken to ensure unfettered access to the
Internet. The move to place restrictions on the owners of the networks that compose and provide
access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as
“net neutrality.” While there is no single accepted definition of “net neutrality,” most agree that
any such definition should include the general principles that owners of the networks that
compose and provide access to the Internet should not control how consumers lawfully use that
network, and they should not be able to discriminate against content provider access to that
network.
The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted
3-2, along party lines, to adopt open Internet rules and released these rules on March 12, 2015.
One of the most controversial aspects of the rules was the decision to reclassify broadband
Internet access service as telecommunications service under Title II, thereby subjecting Internet
service providers to a more stringent regulatory framework. With limited exceptions, the rules
went into effect June 12, 2015. Various parties challenged the legality of the FCC’s 2015 Open
Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling,
voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S.
Appeals Court review was denied but parties have petitioned for U.S. Supreme Court review.
The FCC on December 14, 2017, adopted (3-2) an Order that largely reverses the 2015 regulatory
framework. The 2017 Order, among other things, reverses the 2015 classification of broadband
internet access services as a telecommunications service under Title II of the Communications
Act, shifts much of the oversight from the FCC to the Federal Trade Commission and the
Department of Justice, and provides for a less regulatory approach..."
Net neutrality