FCC Ends ‘Fast Lane’ Loophole in Net Neutrality Order

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The final net neutrality order from the Federal Communications Commission was released on Tuesday with updates to prevent internet service providers from violating fast-lane bans. According to a senior FCC official speaking to WIRED, the order now explicitly prohibits paid fast lanes in consumer-facing products and prohibits providers from disguising consumer products as enterprise ones to bypass the rules.

In April, the FCC reinstated net neutrality rules classifying broadband as a “common carrier” service under Title II of the Telecommunications Act. This reinstatement aims to prevent ISPs from blocking, throttling, or offering pay-to-play fast lanes to online services like AT&T and Verizon.

Critics raised concerns that the draft rules did not consider new technologies like 5G and network slicing, which could potentially be exempt from the fast-lane bans. However, the FCC clarified that providers cannot design their services to avoid compliance with net neutrality requirements.

The final order also addresses worries that the FCC’s rules could preempt state-led broadband affordability programs. After a federal appeals court ruling allowed New York to enforce its law requiring ISPs to offer low-cost broadband programs, the FCC confirmed that its rules would not interfere with such state programs in the future.

Makena Kelly
Makena Kelly
Senior politics writer.

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