FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies stated in a Memorandum of Understanding that they will share legal, technical, and investigative expertise and experience in enforcing the rules.

The reinstated rules, adopted on April 25, formally reclassify internet service providers’ broadband services as “Telecommunications Services” under Title II of the Communications Act, rather than as a less-regulated Title I “Information service.” With this change in status, the FCC also reinstates specific proscriptive rules against blocking, throttling, or engaging in paid preference for certain network traffic, and re-adopts a “general conduct” standard barring unreasonable interference with consumers or providers that provide content and services.

“If consumers have problems, they expect the nation’s expert authority on communications to be able to respond. Now we can,” said FCC Chairwoman Jessica Rosenworcel. “In partnership with our colleagues at the FTC, we will protect consumers and ensure internet openness, defend national security, and monitor network resiliency and reliability.”

FTC Chairwoman Lina Kahn said her agency is “squarely focused on protecting Americans from illegal business tactics, from tackling AI-enabled voice cloning fraud to fighting the scourge of robocalls. We look forward to continuing to work in close partnership with the FCC.”

Net neutrality is a highly partisan issue. An FCC led by Democrats had originally adopted net neutrality rules in 2015. A Republican-led commission repealed those rules in 2017. The most recent order reinstating the rules passed by a 3-2 vote split along party lines, with Democratic commissioners in favor and Republicans opposed. For more insights into advertising law, bookmark our All About Advertising Law blog and subscribe to our monthly newsletter. To learn more about Venable’s Telecommunications or Advertising Law services, click here or contact one of the authors.