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GAO-15-560R 1 (2015-04-28)

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G      A     O        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-326853


April 28, 2015

The Honorable John Thune
Chairman
The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Federal Communications Commission: Protecting and Promoting the Open Internet

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Communications Commission (Commission) entitled Protecting
and Promoting the Open Internet (FCC 15-24). We received the rule on April 7, 2015. It was
published in the Federal Register as a final rule on April 13, 2015. 80 Fed. Reg. 19,738.

The final rule establishes rules to protect and promote the open Internet. Specifically, the Open
Internet Order adopts bright-line rules that prohibit blocking, throttling, and paid prioritization; a
rule preventing broadband providers from unreasonably interfering or disadvantaging
consumers or edge providers from reaching one another on the Internet; and provides for
enhanced transparency into network management practices, network performance, and
commercial terms of broadband Internet access service. These rules apply to both fixed and
mobile broadband Internet access services. The Order reclassifies broadband Internet access
service as a telecommunications service subject to title II of the Communications Act. Finally,
the Order forbears from the majority of title II provisions, leaving in place a framework that will
support regulatory action while simultaneously encouraging broadband investment, innovation,
and deployment.

Enclosed is our assessment of the Commission's compliance with the procedural steps required
by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that the Commission complied with the applicable
requirements.


GAO-15-560R

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