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B-329844 1 (2018-03-09)

handle is hein.gao/gaobadulc0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-329844 March 9, 2018 The Honorable John Thune Chairman The Honorable Bill Nelson Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Greg Walden Chairman The Honorable Frank Pallone Ranking Member Committee on Energy and Commerce House of Representatives Subject: Federal Communications Commission: Restoring Internet Freedom 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 Restoring Internet Freedom (FCC 17-166). We received the rule on January 26, 2018. It was published in the Federal Register as a final rule on February 22, 2018. 83 Fed. Reg. 7852. The final rule classifies broadband internet access service as an information service and reinstates the private mobile service classification of mobile broadband internet access service. The final rule requires internet service providers to disclose information about their network management practices, performance characteristics, and commercial terms of service. The final rule also eliminates the conduct rules imposed by the Protecting and Promoting the Open Internet Order, also called the Title II Order. 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. GAO's longstanding policy is to avoid taking a position on or addressing matters that are pending in litigation. As there is pending litigation on whether the Commission complied with certain requirements of the Administrative Procedure Act, this report does not take a position on those issues. Our review of other procedural steps taken indicates that the Commission complied with the applicable requirements.

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