In Net Neutrality Victory, F.C.C. Classifies Broadband Internet Service as a Public Utility

WASHINGTON — The Federal Communications Commission voted Thursday to regulate broadband Internet service as a public utility, a milestone in regulating high-speed Internet service into American homes.

The new rules, approved 3 to 2 along party lines, are intended to ensure that no content is blocked and that the Internet is not divided into pay-to-play fast lanes for Internet and media companies that can afford it and slow lanes for everyone else. Those prohibitions are hallmarks of the net neutrality concept.

Mobile data service for smartphones and tablets is being placed under the new rules. The order also includes provisions to protect consumer privacy and to ensure Internet service is available for people with disabilities and in remote areas.

The F.C.C. is taking this big regulatory step by reclassifying high-speed Internet service as a telecommunications service, instead of an information service, under Title II of the Telecommunications Act. The Title II classification comes from the phone company era, treating service as a public utility.

Three-quarters of households have the choice of only one broadband provider while only a quarter have at least two to choose from.

The share of homes with

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In November, President Obama cited the flood of comments when he took the unusual step of urging the F.C.C., an independent agency by law, to adopt the “strongest possible rules” on net neutrality.

Mr. Obama specifically called on the commission to classify high-speed broadband service as a utility under Title II. His rationale: “For most Americans, the Internet has become an essential part of everyday communication and everyday life.”

Republicans in Congress were slow to react, and initially misread the public mood. Senator Ted Cruz of Texas portrayed the F.C.C. rule-making process as a heavy-handed liberal initiative, “Obamacare for the Internet.”

In January, Senator John Thune, the South Dakota Republican, began circulating legislation that embraced the principles of net neutrality, banning paid-for priority lanes and blocking or throttling any web content. But it would also prohibit the F.C.C. from issuing regulations to achieve those goals. This week, the Republicans pulled back with too little support to move quickly.

At the Thursday meeting, the F.C.C. also approved an order to pre-empt state laws that limit the build-out of municipal broadband Internet services. The order focuses on laws in two states, North Carolina and Tennessee, but it would create a policy framework for other states. About 21 states, by the F.C.C.’s count, have laws that restrict the activities of community broadband services.

The state laws unfairly restrict competition to cable and telecommunications broadband providers from municipal initiatives, the F.C.C. said. This order, too, will surely be challenged in court.

Rebecca R. Ruiz reported from Washington, and Steve Lohr from New York.

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The New York Times