Enforcement Bureau Outlines Procedures for Net Neutrality Advisory Opinions
The FCC Enforcement Bureau spelled out procedures for net neutrality advisory opinions, in a public notice in docket 14-28. The bureau said the advisory opinions can be sought by companies wanting a better sense whether a potential business practice or…
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activity they're considering complies with FCC net neutrality rules. The rules require broadband Internet access providers to be transparent on their network practices and bar them from engaging in Internet blocking, throttling, paid prioritization, and any other unreasonable interference with consumers' ability to access the Internet content, services and applications of their choice or with edge providers' ability to access consumers. The advisory opinions aren't legally binding but are intended to give companies "clear guidance" in making their business plans, the bureau said. The bureau will attempt to respond expeditiously to requests for advisory opinions but reserved the right, at its discretion, to decline such a request. "As a general matter, the Bureau will be more likely to respond to requests where the proposed conduct involves a substantial question of fact or law and there is no clear FCC or court precedent, or the subject matter of the request and publication of FCC advice is of significant public interest," said the PN, which contained further details on advisory opinions and filing requests. Commissioner Mike O'Rielly, who dissented on the net neutrality order, has questioned the value of nonbinding advisory opinions and other guidance, which he said could require broadband ISPs to provide business plans that give the bureau a "blueprint" for enforcement action. In a note emailed to us, Capital Alpha Partners said: "The advisory opinion system is ostensibly intended to be helpful for companies, but we have seen it as further evidence of the vague, amorphous catch-all authority described in the order. In our view, regulations should be understandable enough to make advisory opinions unnecessary. Companies are not required to solicit the FCC's view, but we see prudence on the side of 'Mother, may I?' because of what we believe is substantial uncertainty as to the legality of certain new and different business models and products."