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FCC Majority Posts Fact vs. Fiction Title II Defense

The Federal Communications Commission majority that voted for the Title II order has posted a press release in the form of a "Commission Document" purporting to separate "fact from fFiction" in the just-released Open Internet order.

Presumably it was released by the majority since it is unsigned. An FCC spokesperson said that was safe to presume.

Among the "facts" it is separating from the "fictions" -- the latter being arguments lodged by those opposed to Title II reclassification -- include that the order is not utility-style regulation, it "doesn't regulate retail broadband rates"; it doesn't impose new taxes; it doesn’t regulate content, applications, services, routing or IP addresses; and it does not limit consumer choice or data plans.

On the other side, the FCC labeled arguments that any of those things will happen "myths."

While the FCC does not prevent any retail pricing or service plans under the new rules, it has created a general conduct standard under which those, and allegations of speech suppression, can be adjudicated, including by private rights of action.

The document points out that the FCC adopted a general conduct standard in the 2010 order, so that is not new ground.