Just as we hit “send” on our most recent Client Advisory detailing Chairman Wheeler’s article published in WIRED Magazine, the FCC released a Fact Sheet containing significantly more details on the Chairman’s proposed new Open Internet rules.

The Chairman proposes to reclassify broadband Internet access service as a telecommunications service under Title II; bans blocking, throttling, and paid prioritization; and enhances existing transparency rules.

The Fact Sheet indicates the proposal will allow an ISP to engage in reasonable network management, other than paid prioritization, and the FCC will have authority to take enforcement action if it determines the interconnection activities of ISPs are not just and reasonable.

The Fact Sheet specifies broadband providers shall not be subject to tariffs or other forms of rate approval, unbundling, or other forms of utility regulation; broadband providers will not have to contribute to the USF under Section 254; and the Order will not impose, suggest, or authorize any new taxes or fees.

This last point bears repeating.  Contrary to early indications, the FCC apparently will NOT seek to include Broadband revenue in the Universal Service Fund contribution base.  At least not initially.

Please contact Jonathan Marashlian at jsm@commlawgroup.com or by phone: 703-714-1313 to make necessary arrangements in advance to ensure professional staffing resources are available to assist in your company’s evaluation of the implications of the new regulations on your company.