Safeguarding and Securing the Open Internet; Restoring Internet Freedom
In this document, the Federal Communications Commission (Commission or FCC) adopts a Declaratory Ruling, Report and Order, Order, and Order on Reconsideration that reestablishes the Commission's authority over broadband internet access service (BIAS). The Declaratory Ruling classifies broadband internet access service as a telecommunications service under Title II of the Communications Act, providing the Commission with additional authority to safeguard national security, advance public safety, protect consumers, and facilitate broadband deployment. The Order establishes broad, tailored forbearance of the Commission's application of Title II to broadband providers while maintaining Title II provisions the Commission needs to fulfill its obligations and objectives. The Report and Order reinstates straightforward, clear rules that prohibit blocking, throttling, or engaging in paid or affiliated prioritization arrangements, adopts certain enhancements to the transparency rule, and reinstates a general conduct standard that prohibits unreasonable interference or unreasonable disadvantage to consumers or edge providers. The Order on Reconsideration partially grants and otherwise dismisses as moot four petitions for reconsideration filed in response to the 2020 Restoring Internet Freedom Remand Order.
What this rule actually says
The FCC just declared that internet service providers (ISPs) like Comcast and Verizon are "telecommunications services" under federal law. This means ISPs can't deliberately slow down, block, or prioritize certain websites or apps over others—and they have to be transparent about how their networks work. This is basically a revival of "net neutrality" rules that got repealed and reinstated a few times over the past decade.
Who it applies to
- If you're a broadband ISP or provide internet access services: This applies directly to you. You're prohibited from blocking, throttling, or creating paid fast lanes.
- If you're an indie AI founder building a product: This likely *doesn't* apply to you directly, unless you also operate an ISP (you don't).
- Geography: U.S. only. If your users are outside the U.S., this doesn't constrain your product.
- Your AI product scope: Medical scribes, hiring assistants, support chatbots—none of these trigger this rule. The rule is about how data travels across the internet, not about what AI applications you build.
- User data: This rule doesn't govern what data you collect from users or how you use it. That's handled by other regulations (HIPAA for health data, FTC rules for consumer privacy, etc.).
What founders need to do
- Check if you operate an ISP (1 hour): Ask yourself honestly: do you sell internet access service to consumers or businesses? If no, skip the rest.
- If you do provide internet service, audit your network practices (3–5 days): Document whether you block, throttle, or prioritize traffic. If you do any of these for anything other than legitimate network management, you need to stop.
- If you do provide internet service, update your terms of service and privacy policy (1–2 days): Be transparent about how your network works, what traffic management you do, and why.
- Monitor FCC enforcement (ongoing, low effort): The FCC will likely issue guidance on what "reasonable network management" means. Check the FCC website quarterly if you're an ISP.
- For everything else: Keep building. This rule doesn't affect your AI product, your data practices, or your business model.
Bottom line
If you're not an ISP, ignore this. If you are an ISP, audit your traffic practices now and ensure you're transparent with customers.