OLR Report 2014-R-0033 summarizes the recent U.S. Court of Appeals decision on “net neutrality.” OLR Report 2009-R-0392 discusses issues surrounding net neutrality.
Net neutrality refers to requirements that broadband service providers (companies such as Verizon, AT&T, and Comcast) treat all Internet traffic the same regardless of the source of the traffic. In 2010, the Federal Communication Commission (FCC) issued an order (1) barring broadband providers serving homes and other fixed locations from blocking lawful content, applications, services, or non-harmful devices and from unreasonably discriminating in transmitting lawful network traffic over a consumer's broadband Internet access service and (2) barring mobile broadband providers from blocking lawful websites or applications that compete with their voice or video services. The order also required all broadband providers to disclose information on their network management practices, performance (e.g., download speeds), and the commercial terms of their broadband services.
On January 14, 2014, the DC Circuit Court determined, in Verizon v. Federal Communications Commission, No. 11-1355 (D.C. Cir. Jan. 14, 2014), that the FCC lacked authority to enforce key parts of the order, since the FCC had determined that broadband providers are not subject to regulation as common carriers. The court vacated the order’s blocking and discrimination provisions. The court upheld the disclosure provisions. The FCC is considering whether to appeal the decision.
For more information, read the full report.
