21
U.S.C. § 160(a). Specifically, the Commission forbore from
applying certain Title II provisions to broadband service,
including section 251’s mandatory unbundling requirements.
2015 Open Internet Order, 30 FCC Rcd. at 5804–05 ¶ 434,
5849–51 ¶ 513.
In the third portion of the Order, the Commission
promulgated five open internet rules, which it applied to both
fixed and mobile broadband service. The first three of the
Commission’s rules, which it called “bright-line rules,” ban
blocking, throttling, and paid prioritization. Id. at 5647 ¶ 110.
The anti-blocking and anti-throttling rules prohibit broadband
providers from blocking “lawful content, applications,
services, or non-harmful devices” or throttling—degrading or
impairing—access to the same. Id. at 5648 ¶ 112, 5651 ¶ 119.
The anti-paid-prioritization rule bars broadband providers
from “favor[ing] some traffic over other traffic . . . either (a)
in exchange for consideration (monetary or otherwise) from a
third party, or (b) to benefit an affiliated entity.” Id. at 5653
¶ 125. The fourth rule, known as the “General Conduct
Rule,” prohibits broadband providers from “unreasonably
interfer[ing] with or unreasonably disadvantag[ing] (i) end
users’ ability to select, access, and use broadband Internet
access service or the lawful Internet content, applications,
services, or devices of their choice, or (ii) edge providers’
ability to make lawful content, applications, services, or
devices available to end users.” Id. at 5660 ¶ 136. The
Commission set forth a nonexhaustive list of factors to guide
its application of the General Conduct Rule, which we discuss
at greater length below. See id. at 5661–64 ¶¶ 138–45.
Finally, the Commission adopted an enhanced transparency
rule, which builds upon the transparency rule that it
promulgated in its 2010 Open Internet Order and that we
sustained in Verizon. Id. at 5669–82 ¶¶ 154–85.
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