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1 1 (February 28, 2023)

handle is hein.crs/goveksj0001 and id is 1 raw text is: Regulatory Classification of Broadband Service f Telecommunications Service Offers consumers the ability to transmit information of their choosing without changing the form or content of that information. Companies that provide telecommunications services are considered common carriers, and the FCC has extensive regulatory authority over them under Title /l of the Communications Act. I Information Service Offers consumers the capability to process, generate, acquire, or use information. The FCC has only limited authority over information service providers FCC Shifts in Classifying Broadband Service as a Telecommunications or Information Service Digital Subscriber Line (DSL) broadband service classified as having both telecommunications and information service components, which could be regulated separately. 2002 1998 DSL reclassified as a single, integrated information service, matching its treatment with cable. All broadband service reclassified as an information service. 201 2005 Using a different approach, cable broadband service classified as a single, integrated information service. 2( All broadband service reclassified as a telecommunications service. NCTA v. BrandX (2005) The U.S. Supreme Court recognized the FCC's discretion to choose the appropriate classification for broadband service. 118 Following Brand X, courts have consistently upheld the FCC's classification decisions. The FCC's Net Neutrality Rules The FCC has adopted three policies or rules requiring ISPs to abide by net neutrality principles: 2005 Internet Policy Statement 2010 Open Interet Order 2015 Open Internet Order The D.C. Circuit rejected the FCC's early efforts to enforce net neutrality. In Comcast v FCC (2010), the D.C. Circuit rejected the FCC's attempt to enforce the principles in its 2005 policy statement. In Verizon v. FCC (2014), the D.C. Circuit overturned most of the FCC's 2010 Open Internet Order. The Verizon case is particularly significant because the court held that the FCC may not adopt net neutrality rules without classifying broadband as a Title 11 telecommunications service. The D.C. Circuit upheld the FCC's 2015 rules in JSTA v. FCC (2016) because the FCC had reclassified broadband service as a Title II telecommunications service. The FCC, however, rescinded these rules in its 2018 Restoring Internet Freedom Order. The D.C. Circuit upheld the FCC's rescission of the rules in Moz/la v. FCC (2019). Timeline of Significant FCC Actions and Court Decisions NCTA v. Brand X (2005) 2002 2005 Cable Order Comcast v FCC (D.C. Cir. 2010) 2010 Verizon v. FCC U (D.C. Cir. 2014) (D. 2014 2015 STA v. FCC C. Cir. 201 Mozilla v. FCC (D.C. Cir. 2019) 6) 2018 2019 * Classifying broadband as Classifying broadband as a Title II Rules were overturned Rules were upheld an information service telecommunications service or rescinded sourresFtormre information seeCRsRepor 1R46973,nt Nf yiw;AnOverew. bycri D. Linebaugh Information as of February 27, 202 1 Prepared by chris D. inebaugh, Legislative Attorney, American Lam ision; Mar Lee, Visual Information Specialist. 1998 DSL Order 5

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