FCC's Title II Order to Take Effect July 22, 2024

Tomorrow, the Federal Register will publish the Safeguarding and Securing the Open Internet, or “Title II” Order. This means that, with a few exceptions, the regulatory requirements of the Title II Order will be effective on Monday, July 22, 2024. The Title II Order reclassifies broadband Internet access service (BIAS) as a telecommunications service, which subjects it to common carrier regulation under Title II of the Communications Act. The Title II Order reinstates a general conduct standard to disincentivize unreasonable interference to consumers or edge providers, along with rules prohibiting blocking, throttling, and engaging in paid prioritization.

Not all requirements of the Title II Order will go into effect on July 22. The revised transparency rules require OMB approval and will become effective later.

Effectiveness of the Title II Order is subject to appeal. A federal appeals court could issue a stay of the rules pending resolution of an appeal.

For more information about the new requirements of the Title II Order, contact an attorney in our Broadband, Spectrum, and Communication Infrastructure or Privacy, Data Protection, and Cybersecurity practice groups.