The Federal Communications Commission is set to vote in December on a number of items that stand to reshape the broadband and broadcast marketplace, including an order aimed at overhauling net neutrality regulations.
As expected, FCC Chairman Ajit Pai released the draft version of an order that would overturn the Open Internet Order of 2015. The prior order classified broadband as a Title II service under the Communications Act, making it subject to more stringent regulatory authority. The 2015 order also enabled the FCC to enforce its net neutrality rules against blocking, throttling and paid prioritization, measures aimed at ensuring broadband service did not unfairly discriminate against or block access to legal content online.
Under the new order, those three rules would be eliminated.
"We believe the Commission's bright-line and Internet conduct rules are more likely to inhibit innovation before it occurs, whereas antitrust enforcement can adequately remedy harms should they occur," the FCC said.
The order would classify broadband as a Title I service under the Communications Act, with the commission writing, "This light-touch information service framework will promote investment and innovation better than applying costly and restrictive laws of a bygone era to broadband Internet access service."
In terms of regulation, the order re-establishes a transparency rule, requiring all broadband service providers to publicly disclose accurate information regarding their network management practices, performance and commercial terms. The disclosures must include any instance of blocking, along with a description of what is blocked; any instance of throttling, where access to content is intentionally impaired; affiliated prioritization, where affiliated content is directly or indirectly favored; and paid prioritization, where some traffic is directly or indirectly favored in exchange for some consideration, monetary or otherwise.
"Disclosure increases the likelihood that ISPs will abide by open Internet principles by reducing the incentives and ability to violate those principles," the FCC wrote, adding that "the Internet community will identify problematic conduct" when or if it occurs.
In addition to the net neutrality order, the FCC will also be voting on a notice of proposed rulemaking seeking comment on whether to modify or eliminate the 39% national audience reach cap, which prohibits a single broadcast station group from owning TV stations that together reach more than 39% of U.S. TV households. In addition, the proposal also asks about retaining or modifying the UHF discount, which allows stations broadcasting in the UHF spectrum — or on channels 14 to 51 — to attribute only 50% of their TV households in their designated market areas toward the overall cap.
Pai's move to review the cap, which has already attracted criticism from Democrats in Congress and on the commission, comes as the FCC is considering Sinclair Broadcast Group Inc.'s proposed combination with Tribune Media Co. Without any divestitures, a combined Sinclair and Tribune would exceed the 39% national audience reach cap by approximately 6.5%.
Also during the Dec. 14 meeting, the FCC will vote on an order that would add a dedicated "Blue Alert" to the commission's Emergency Alert System. Blue Alerts would deliver information to the public when a law enforcement officer is killed, seriously injured or missing. Another item on the agenda is a notice of proposed rulemaking and order that aims to strengthen the Rural Health Care Program and improve access to telehealth in rural America.
On the wireless front, the FCC will also consider a public notice seeking input on creating a new exclusion from routine historic preservation review. Specifically, the exclusion would apply to review requirements for collocating communications equipment on "Twilight Towers." So-called Twilight Towers are towers constructed between March 16, 2001, and March 7, 2005.
