Initial Analysis of the FCC’s 2024 Open Internet Order

🌈 Abstract

The article discusses the FCC's 2024 Open Internet Order, which restores federal net neutrality protections and prevents ISPs from creating unfair fast lanes that favor particular apps or types of apps. The key points covered include:

• The new order has bright-line rules that prohibit blocking, throttling, and paid prioritization, ensuring an open internet.
• The order clarifies that the no-throttling rule prohibits ISPs from speeding up as well as slowing down apps or categories of apps, preventing them from distorting competition and cementing the market power of dominant apps.
• The order declines to create a blanket exemption for 5G "network slicing" fast lanes, preventing ISPs from circumventing net neutrality rules, while still allowing them to offer specialized services for applications with stringent requirements.

🙋 Q&A

[01] No Throttling Rule

1. What does the no-throttling rule in the FCC's 2024 Open Internet Order prohibit?

• The no-throttling rule prohibits ISPs from speeding up as well as slowing down apps or categories of apps. This prevents ISPs from distorting competition and cementing the market power of dominant apps by favoring certain apps or types of apps over others.

2. Why is this clarification on the no-throttling rule important?

• The clarification prevents ISPs from using new technologies like 5G network slicing to create fast lanes for select apps or categories of apps, which would have undermined net neutrality principles.
• It restores the bright-line nature of the no-throttling rule, making it clear what is and isn't allowed, and preventing protracted fights at the FCC over what kinds of fast lanes would be acceptable.

[02] Network Slicing

1. What is "network slicing" and how did ISPs want to use it?

• Network slicing is a new 5G networking technology that allows ISPs to create special fast lanes for certain applications like video conferencing, online video, and online gaming.
• ISPs and their trade association had asked the FCC to create a blanket exemption for these 5G fast lanes, labeling them "specialized services" not subject to net neutrality rules.

2. How did the FCC address this request from ISPs?

• The FCC rightly declined to create a blanket exemption for 5G network slicing fast lanes, recognizing that they are just another way for ISPs to give special treatment to certain apps.
• The order makes clear that ISPs can't use the "specialized services" label to create fast lanes for apps that can function on the normal internet, preventing them from circumventing net neutrality rules.
• At the same time, the order allows ISPs to create specialized services for applications with stringent requirements for reliability and delay that cannot be met over the open internet.