FCC Planning Title II Rollback

April 28, 2017
In a speech on Wednesday, FCC Chairman Ajit Pai pledged to undo the Obama-era Title II Open Internet Order. The order, issued in February 2015, was widely panned among the service provider community ...

In a speech on Wednesday, FCC Chairman Ajit Pai pledged to undo the Obama-era Title II Open Internet Order. The order, issued in February 2015, was widely panned among the service provider community, largely because of its utility-style regulatory framework. Then-Commissioner Pai opposed the order at the time of its adoption.

Pai proposes to return the classification of broadband service from a Title II telecommunications service to the Title I information service status that it held prior to the 2015 Open Internet Order. The commission will vote on the notice of proposed rulemaking at its May meeting, to be followed by public input.

Pai said he plans to publicly release the entire text of the document, unlike the 2015 Order, which was not made public until after its adoption. "You may agree or disagree with the proposal, but you'll be able to see exactly what it is," Pai said.

Service provider industry reaction to Pai's proposal has been positive, with the NCTA, Comcast, ACA, USTelecom, Mediacom and the Rural Broadband Association all issuing favorable statements.

The statement of Michael Powell, president and CEO of the NCTA was typical. Powell said in part:

"We welcome Chairman's Pai's announcement that he intends to reverse the prior FCC's flawed decision that forced heavy-handed public utility regulation on today's dynamic internet networks. Restoring the FCC's traditional bipartisan 'light-touch' approach will reestablish a better framework to advance consumer protection and to support the continued growth and expansion of internet networks throughout America."