Net Neutrality Order on Remand Adopted in Split Vote

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In response to last year’s remand by the DC Circuit Court of Appeals of the 2017 Restoring Internet Freedom Order, the FCC today adopted in a 3-2 vote an Order on Remand dealing with certain issues, particularly the impact on (1) public safety, (2) pole attachment regulations, and (3) universal service support for low-income consumers through the Lifeline program. After indicating it had thoroughly reviewed the additional comment record that was compiled on these issues, the FCC found “no basis to alter the [its] conclusions in the Restoring Internet Freedom Order.” Moreover, the Order on Remand concluded that any potential negative effects that the reclassification of broadband may have on public safety, pole attachment rights for broadband-only providers, and the Lifeline program “are limited and would not change [the FCC’s] classification decision in the Restoring Internet Freedom Order even if such negative effects were substantiated.” The Order on Remand was approved over dissents by Commissioners Jessica Rosenworcel and Geoffrey Starks.

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