Framework for Broadband Internet Service

Citation

Framework for Broadband Internet Service, FCC 10-114, Notice of Inquiry, GN Docket No. 10-127 (rel. June 17, 2010) (full-text).

Overview

Following the decision in Comcast Corp. v. Federal Communications Commission,' the FCC released Framework for Broadband Internet Service, a Notice of Inquiry (NOI) to seek public comment on its legal framework for regulating broadband Internet services.

The NOI suggests that there are at least three legal options for the FCC as follows:

1. Maintain the current “information service” framework for broadband Internet service based on the Title I ancillary authority questioned in Comcast.
2. Identify the connectivity portion of broadband Internet service as a “telecommunications service” to which all requirements of Title II of the Communications Act would apply.
3. Following the framework Congress established for cell phone services in 1993, identify the connectivity portion of broadband Internet service as a telecommunications service and simultaneously forbear from applying all but the minimum number of provisions of Title II needed to implement fundamental universal service, competition and market entry, and consumer protections.

The NOI sought comment on the three legal options and any other approaches that will restore a solid legal foundation for FCC’s broadband policies. Public comments were due on July 15, 2010, and replies on August 12, 2010.