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In May 2017, the Commission adopted a Notice of Proposed Rulemaking (NPRM) that proposes to restore the Internet to a light-touch regulatory framework by classifying broadband Internet access service as an information service and seeks comment on the existing rules governing Internet service providers’ practices. The NPRM proposes to end title II regulation of the Internet and return broadband Internet access service to its longstanding classification as an information service; proposes to reinstate the determination that mobile broadband Internet access service is not a commercial mobile service, and to return it to its original classification as a private mobile service; proposes to eliminate the Internet conduct standard and the non-exhaustive list of factors intended to guide application of that standard; and seeks comment on whether the Commission should keep, modify, or eliminate the bright-line rules set forth in the title II Order.

Previously, in February 2015, the Commission adopted a Report and Order on Remand, Declaratory Ruling, and Order (Title II Order) that reclassified broadband Internet access service under title II of the Communications Act. The Commission also adopted new bright-line rules under its Ttitle II authority, along with a general conduct standard applicable to broadband service providers, as well as additional reporting obligations.  The rules became effective on June 12, 2015, with the exception of the additional reporting obligations, which became effective on January 17, 2017.

In March 2017, the Commission adopted an Order granting a five-year waiver to broadband Internet access service providers with 250,000 or fewer broadband connections from the additional reporting obligations.

In December 2017, the Commission adopted the Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order (Restoring Internet Freedom Order), which restored the light-touch regulatory framework under which the Internet had grown and thrived for decades by classifying broadband Internet access service as an information service.  The Restoring Internet Freedom Order ends Title II regulation of the Internet and returns broadband Internet access service to its long-standing classification as an information service; reinstates the determination that mobile broadband Internet access service is not a commercial mobile service, and returns it to its original classification as a private mobile service; finds that transparency, ISPs’ economic incentives, and antitrust and consumer protection laws will protect the openness of the Internet, and that Title II regulation is unnecessary to do so; adopts a transparency rule similar to that in the 2010 Open Internet Order, requiring disclosure of network management practices, performance characteristics, and commercial terms of service.  Additionally, the transparency rule requires ISPs to disclose any blocking, throttling, paid prioritization, or affiliate prioritization; and eliminates the Internet conduct standard and the bright-line conduct rules set forth in the Title II Order.