6712-01FEDERAL COMMUNICATIONS COMMISSION47 CFR Parts 0 and 8[GN Docket No. 09-191; WC Docket No. 07-52; FCC 10-201]Preserving the Open InternetAGENCY:
Federal Communications Commission.
ACTION:
Final rule.
SUMMARY:
This Report and Order establishes protections for broadband service to preserveand reinforce Internet freedom and openness. The Commission adopts three basic protectionsthat are grounded in broadly accepted Internet norms, as well as our own prior decisions. First,transparency: fixed and mobile broadband providers must disclose the network managementpractices, performance characteristics, and commercial terms of their broadband services.Second, no blocking: fixed broadband providers may not block lawful content, applications,services, or non-harmful devices; mobile broadband providers may not block lawful websites, orblock applications that compete with their voice or video telephony services. Third, nounreasonable discrimination: fixed broadband providers may not unreasonably discriminate intransmitting lawful network traffic. These rules, applied with the complementary principle of reasonable network management, ensure that the freedom and openness that have enabled theInternet to flourish as an engine for creativity and commerce will continue. This framework thusprovides greater certainty and predictability to consumers, innovators, investors, and broadbandproviders, as well as the flexibility providers need to effectively manage their networks. Theframework promotes a virtuous circle of innovation and investment in which new uses of thenetwork—including new content, applications, services, and devices—lead to increased end-user
2demand for broadband, which drives network improvements that in turn lead to furtherinnovative network uses.
DATES:
Effective Date: These rules are effective
November 2
0
, 2011.
.
FOR FURTHER INFORMATION CONTACT:
Matt Warner, (202) 418-2419 or e-mail,matthew.warner@fcc.gov.
SUPPLEMENTARY INFORMATION:
This is a summary of the Commission’s Report andOrder (Order) in GN Docket No. 09-191, WC Docket No. 07-52, FCC 10-201, adoptedDecember 21, 2010 and released December 23, 2010. The complete text of this document isavailable on the Commission’s website at http://www.fcc.gov. It is also available for inspectionand copying during normal business hours in the FCC Reference Information Center, Portals II,445 12th Street, SW., Room CY-A257, Washington, DC, 20554. This document may also bepurchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12thStreet, SW., Room CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via e-mail at www.bcpiweb.com
.Synopsis of the Order
I.
PRESERVING THE FREE AND OPEN INTERNET
In this Order the Commission takes an important step to preserve the Internet as an openplatform for innovation, investment, job creation, economic growth, competition, and freeexpression. To provide greater clarity and certainty regarding the continued freedom andopenness of the Internet, we adopt three basic rules that are grounded in broadly acceptedInternet norms, as well as our own prior decisions:
3i.
Transparency.
Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of theirbroadband services;ii.
No blocking.
Fixed broadband providers may not block lawful content, applications,services, or non-harmful devices; mobile broadband providers may not block lawfulwebsites, or block applications that compete with their voice or video telephonyservices; andiii.
No unreasonable discrimination.
Fixed broadband providers may not unreasonablydiscriminate in transmitting lawful network traffic.We believe these rules, applied with the complementary principle of reasonable network management, will empower and protect consumers and innovators while helping ensure that theInternet continues to flourish, with robust private investment and rapid innovation at both thecore and the edge of the network. This is consistent with the National Broadband Plan goal of broadband access that is ubiquitous and fast, promoting the global competitiveness of the UnitedStates.In late 2009, we launched a public process to determine whether and what actions mightbe necessary to preserve the characteristics that have allowed the Internet to grow into anindispensable platform supporting our nation’s economy and civic life, and to foster continuedinvestment in the physical networks that enable the Internet. Since then, more than 100,000commenters have provided written input. Commission staff held several public workshops andconvened a Technological Advisory Process with experts from industry, academia, andconsumer advocacy groups to collect their views regarding key technical issues related toInternet openness.
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