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Table of Contents - June 1, 2017

FCC Moves to Next Stage of Open Internet Debate; Dissenting Clyburn Calls NPRM 'Political Rush Job'

Over the "vociferous" dissent of Democratic Commissioner Mignon L. Clyburn, who said the action had "every indicia of a political rush job," the FCC on May 18 proposed reversing the agency's 2015 classification of broadband Internet access service as a telecommunications service subject to common carrier regulation under Title II of the Communications Act, along with the 2015 classification of mobile broadband Internet access services as public mobile services and as Title II telecommunications services.

The notice of proposed rulemaking (NPRM) on restoring Internet freedom adopted in Wireline Competition docket 17-108 at the agency's monthly meeting also proposes eliminating the "catch-all" Internet conduct standard and the nonexhaustive list of factors designed to guide interpretation of the standard that were adopted in the 2015 order. It seeks input on what the Commission should do regarding the "bright-line" rules adopted in the 2015 order, which banned prohibitions on blocking, throttling, and paid prioritization.

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MDU Owners, Cable Ops Urge FCC to Preempt S.F. Ordinance

The FCC has received conflicting advice on whether to preempt a provision of San Francisco code designed to require owners of multiple dwelling units (MDUs) to permit competing communications service providers to use existing wiring in the building.

NCTA, private cable operators, and MDU owners said the provision should be preempted and that providers and building owners should be able to negotiate service arrangements that don't require wiring access for alternative providers, but some other competing providers have defended the ordinance, saying it has enabled an increase in competition for residents and businesses in MDUs.

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