FCC Network Management Principles

Overview
Federal policy towards the Internet, as embodied in Section 240(b) of the Communications Act of 1934, as amended, is “to preserve the vibrant and competitive free market that presently exists for the Internet” and “to promote the continued development of the Internet.”1 In Section 706 of the Communications Act, Congress instructs the FCC to encourage “the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans.”2

Basing its authority on these two provisions, the FCC issued a policy statement intended to offer guidance to network owners regarding the rights of consumers accessing the Internet through their networks.3 The FCC acknowledged that information service providers (those who provide access to the Internet) are not governed by stringent Title II common carrier regulations, but asserted that it had jurisdiction to issue the Policy Statement pursuant to its Title I ancillary jurisdiction.4 Title I ancillary jurisdiction permits the Commission to issue additional regulatory obligations in order to regulate interstate and foreign communications in furtherance of the Communications Act.

In the FCC’s assessment, Title I ancillary jurisdiction granted the FCC ample authority to take steps to ensure that broadband networks are widely deployed, open, affordable and accessible to all and to ensure that Internet services are operated in a neutral manner. Accordingly, the FCC adopted the following principles to encourage broadband deployment and to preserve and promote the open and interconnected nature of the public Internet:

subject to the needs of law enforcement; the network; and service providers, and content providers.5
 * consumers are entitled to access the lawful Internet content of their choice;
 * consumers are entitled to run applications and use services of their choice,
 * consumers are entitled to connect their choice of legal devices that do not harm
 * consumers are entitled to competition among network providers, application and

It is also important to note that upon adopting these precepts the FCC expressly stated that it was “not adopting rules in this policy statement” and that the principles adopted were “subject to