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Table of Contents - November 21, 2017

Draft Internet Freedom Order Would Undo 2015 Actions

FCC Chairman Ajit Pai today announced that he circulated a draft order to his fellow Commissioners this morning that would reverse the agency's 2015 regulatory classification of broadband Internet access services (BIAS) as telecommunications services subject to common carrier regulation under Title II of the Communications Act, along with the 2015 change in classification of wireless broadband service that subjected it to Title II as well.

The draft order would also roll back the 2015 open Internet order's "catch-all" Internet conduct standard; its three "bright-line" rules prohibiting blocking, throttling, and paid prioritization; the agency's 2015 assertion of authority over Internet interconnection; its 2010 and subsequent interpretation of section 706 (advanced telecommunications capability) of the Act as an independent grant of regulatory authority; and the 2015 modifications to the BIAS transparency rules. And it would preempt local and state laws and regulations that are inconsistent with the light-touch regulation of information services established by the FCC.

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