After a flurry of last-minute lobbying and internal debate the FCC ultimately backed off its plan to define interconnection arrangements between ISPs and third-party content and applications providers as distinct service separate from last-mile internet access service in its Open Internet order, which it approved today by a 3-2 party line vote. But the commission asserted its authority under Title II of the Communications Act to hear complaints and take appropriate enforcement action if it determines that specific interconnection practices by ISPs are not “just and reasonable.”
The decision to drop the separate classification of the service that ISPs make available to edge providers marks an apparent shift from the proposal outlined in the Feb. 4 fact sheet released by FCC chairman Tom Wheeler, which referred to interconnection and last-mile service separately. But it eliminates the potential legal problem for the commission’s authority to review interconnection arrangements that separate classification could have created.
In its place, the rules adopted today will simply treat interconnection issues as part-and-parcel of the commission’s Title II authority to protect consumers on the last mile. Read More »