Summary
FCC Regulation of Broadband Service and Action on Net Neutrality
This infographic shows how the Federal Communications Commission (FCC) has developed its net neutrality policy over the years, often in response to court decisions, and how that policy has interacted with the FCC's regulatory classification of broadband service.
Regulatory Classification of Broadband Service
The FCC's ability to adopt net neutrality regulations is tied to how it classifies broadband internet under the Communications Act of 1934.
The FCC may classify broadband service as either a telecommunications service or an information service.
TWO mutually exclusive services
Telecommunications Service
Offers consumers the ability to transmit information of their choosing without changing the form or content of that information.
Companies that provide telecommunications services are considered common carriers, and the FCC has extensive regulatory authority over them under Title II of the Communications Act.
Information Service
Offers consumers the capability to process, generate, acquire, or use information.
The FCC has only limited authority over information service providers.
FCC Shifts in Classifying Broadband Service as a Telecommunications or Information Service
1998 Digital Subscriber Line (DSL) broadband service classified as having both telecommunications and information service components, which could be regulated separately.
2002 Using a different approach, cable broadband service classified as a single, integrated information service.
2005 DSL reclassified as a single, integrated information service, matching its treatment with cable.
2015 All broadband service reclassified as a telecommunications service.
2018 All broadband service reclassified as an information service.
NCTA v. Brand X (2005)
The U.S. Supreme Court recognized the FCC's discretion to choose the appropriate classification for broadband service. Following Brand X, courts have consistently upheld the FCC's classification decisions.
What is Net Neutrality?
Net neutrality generally refers to the idea that internet service providers (ISPs) should neither control how consumers use their networks nor discriminate among the content providers that use their networks. The FCC's net neutrality rules, while mostly no longer in place, implemented these principles by prohibiting ISPs from blocking or degrading lawful internet traffic or favoring some traffic over others in exchange for payment.
The FCC's Net Neutrality Rules
The FCC has adopted three policies or rules requiring ISPs to abide by net neutrality principles:
2005 Internet Policy Statement
2010 Open Internet Order
2015 Open Internet Order
The D.C. Circuit rejected the FCC's early efforts to enforce net neutrality. In Comcast v FCC (2010), the D.C. Circuit rejected the FCC's attempt to enforce the principles in its 2005 policy statement. In Verizon v. FCC (2014), the D.C. Circuit overturned most of the FCC's 2010 Open Internet Order.
The Verizon case is particularly significant because the court held that the FCC may not adopt net neutrality rules without classifying broadband as a Title II telecommunications service.
The D.C. Circuit upheld the FCC's 2015 rules in USTA v. FCC (2016) because the FCC had reclassified broadband service as a Title II telecommunications service.
The FCC, however, rescinded these rules in its 2018 Restoring Internet Freedom Order. The D.C. Circuit upheld the FCC's rescission of the rules in Mozilla v. FCC (2019).
Timeline of Significant FCC Actions and Court Decisions
1998 DSL Order
2002 Cable Order
NCTA v. Brand X (2005)
Comcast v. FCC (D.C. Cir. 2010)
Verizon v. FCC (D.C. Cir. 2014)
USTA v. FCC (D.C. Cir. 2016)
Mozilla v. FCC (D.C. Cir. 2019)
FCC Net Neutrality Policy or Rules
2005 DSL Reclassification and Internet Policy Statement
2010 Open Internet Order
2018 Restoring Internet Freedom Order
2015 Open Internet Order
Classifying broadband as an information service
Classifying broadband as a Title II telecommunications service
Rules were overturned or rescinded
Rules were upheld
Sources: For more information see CRS Report R46973, Net Neutrality Law: An Overview, by Chris D. Linebaugh.
Information as of February 27, 2023. Prepared by Chris D. Linebaugh, Legislative Attorney, American Law Division; Mari Lee, Visual Information Specialist.