Central to the order's rollback of prohibitions on blocking, throttling and paid prioritization of internet traffic is ISPs telling the FCC exactly what they are doing to manage access to their networks so that the Federal Trade Commission can determine if that conduct is anti-competitive, false or deceptive.
ISPs have to provide info on "network management practices, performance characteristics, and commercial terms" of service "sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market and maintain internet offerings."
That will be the chief enforcement mechanism for network neutrality, with the FCC enforcing ISP transparency about their network management through an enhanced reporting system.
But ISPs don't have to send the info to the FCC. They have the choice of posting that information on a "publicly available, easily accessible website" of their choosing. Any ISP not posting the info on their own site will be deemed to have elected to send it to the FCC.
Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.
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