**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matters of                | ) | CC Docket No. 02-33          |
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| Appropriate Framework for        | ) | CC Docket No. 01-337         |
| Broadband                        |   |                              |
|                                  | ) | CC Docket Nos. 95-20, 98-10  |
| Access to the Internet over      |   |                              |
| Wireline Facilities              | ) | GN Docket No. 00-185         |
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| Review of Regulatory             | ) | CS Docket No. 02-52          |
| Requirements for Incumbent LEC   |   |                              |
| Broadband Telecommunications     | ) |                              |
| Services                         |   |                              |
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| Computer III Further Remand      |   |                              |
| Proceedings: Bell Operating      | ) |                              |
| Company Provision of Enhanced    |   |                              |
| Services; 1998 Biennial          | ) |                              |
| Regulatory Review -- Review of   |   |                              |
| Computer III and ONA Safeguards  | ) |                              |
| and Requirements                 |   |                              |
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| Inquiry Concerning High-Speed    |   |                              |
| Access to the Internet Over      | ) |                              |
| Cable and Other Facilities       |   |                              |
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| Internet Over Cable Declaratory  |   |                              |
| Ruling                           | ) |                              |
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| Appropriate Regulatory Treatment | ) |                              |
| for Broadband Access to the      |   |                              |
| Internet Over                    | ) |                              |
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| Cable Facilities                 | ) |                              |
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**POLICY STATEMENT**

**Adopted: August 5, 2005 Released: September 23, 2005**

By the Commission:

# INTRODUCTION

1.  The availability of the Internet has had a profound impact on
    American life. This network of networks has fundamentally changed
    the way we communicate.[^1] It has increased the speed of
    communication, the range of communicating devices and the variety of
    platforms over which we can send and receive information.[^2] As
    Congress has noted, "\[t\]he rapidly developing array of Internet .
    . . services available to individual Americans represent an
    extraordinary advance in the availability of educational and
    informational resources to our citizens."[^3] The Internet also
    represents "a forum for a true diversity of political discourse,
    unique opportunities for cultural development, and myriad avenues
    for intellectual activity."[^4] In addition, the Internet plays an
    important role in the economy, as an engine for productivity growth
    and cost savings.[^5]

2.  In section 230(b) of the Communications Act of 1934, as amended
    (Communications Act or Act), Congress describes its national
    Internet policy. Specifically, Congress states that it is the policy
    of the United States "to preserve the vibrant and competitive free
    market that presently exists for the Internet"[^6] and "to promote
    the continued development of the Internet."[^7] In section 706(a) of
    the Act, Congress charges the Commission with "encourag\[ing\] the
    deployment on a reasonable and timely basis of advanced
    telecommunications capability" -- broadband -- "to all
    Americans."[^8]

3.  In this Policy Statement, the Commission offers guidance and insight
    into its approach to the Internet and broadband that is consistent
    with these Congressional directives.

#  DISCUSSION

4.  The Communications Act charges the Commission with "regulating
    interstate and foreign commerce in communication by wire and
    radio."[^9] The Communications Act regulates telecommunications
    carriers, as common carriers, under Title II.[^10] Information
    service providers, "by contrast, are not subject to mandatory
    common-carrier regulation under Title II."[^11] The Commission,
    however, "has jurisdiction to impose additional regulatory
    obligations under its Title I ancillary jurisdiction to regulate
    interstate and foreign communications."[^12] As a result, the
    Commission has jurisdiction necessary to ensure that providers of
    telecommunications for Internet access or Internet Protocol-enabled
    (IP-enabled) services are operated in a neutral manner. Moreover, to
    ensure that broadband networks are widely deployed, open,
    affordable, and accessible to all consumers, the Commission adopts
    the following principles:

-   *To encourage broadband deployment and preserve and promote the open
    and interconnected nature of the public Internet*, consumers are
    entitled to access the lawful Internet content of their choice.

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-   *To encourage broadband deployment and preserve and promote the open
    and interconnected nature of the public Internet*, consumers are
    entitled to run applications and use services of their choice,
    subject to the needs of law enforcement.

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-   *To encourage broadband deployment and preserve and promote the open
    and interconnected nature of the public Internet,* consumers are
    entitled to connect their choice of legal devices that do not harm
    the network.[^13]

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```
-   *To encourage broadband deployment and preserve and promote the open
    and interconnected nature of the public Internet*, consumers are
    entitled to competition among network providers, application and
    service providers, and content providers.[^14]

#  CONCLUSION

5.  The Commission has a duty to preserve and promote the vibrant and
    open character of the Internet as the telecommunications marketplace
    enters the broadband age. To foster creation, adoption and use of
    Internet broadband content, applications, services and attachments,
    and to ensure consumers benefit from the innovation that comes from
    competition, the Commission will incorporate the above principles
    into its ongoing policymaking activities.[^15]

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: The Internet is "the international computer network of both
    Federal and non-Federal interoperable packet switched data
    networks." 47 U.S.C. § 230(f)(1). The Internet is also described as
    "the combination of computer facilities and electromagnetic
    transmission media, and related equipment and software, comprising
    the interconnected worldwide network of computer networks that
    employ the Transmission Control Protocol/Internet Protocol or any
    successor protocol to transmit information." 47 U.S.C. § 231(e)(3).
    The Supreme Court has described the Internet as a "network of
    interconnected computers." *National Cable & Telecommunications
    Ass'n v. Brand X Internet Services*, 125 S. Ct. 2688, slip op. at 2
    (2005) (*NCTA v. Brand X*); *see also Reno v. ACLU*, 521 U.S. 844,
    849-50 (1997). No single entity controls the Internet; rather it is
    a "worldwide mesh or matrix of hundreds of thousands of networks,
    owned and operated by hundreds of thousands of people." John S.
    Quarterman & Peter H. Salus, *How the Internet
    Works¸*http://www.mids.org/works.html (visited Dec. 17, 2003)
    (quoted at *IP-Enabled Services*, WC Docket No. 04-36, Notice of
    Proposed Rulemaking, 19 FCC Rcd 4863, 4869 n.23 (2004) (*IP-Enabled
    Services NPRM*)).

[^2]: *IP-Enabled Services NPRM*, 19 FCC Rcd at 4869-70, para. 8.

[^3]: 47 U.S.C. § 230(a)(1).

[^4]: 47 U.S.C. § 230(a)(3).

[^5]: *See*, *e.g.*, Hal Varian *et al.*, *The Net Impact Study: The
    Projected Economic Benefits of the Internet in the United States,
    United Kingdom and Germany*, available at:
    http://www.netimpactstudy.com/NetImpact_Study_Report.pdf (January
    2002) (visited July 31, 2005).

[^6]: 47 U.S.C. § 230(b)(2).

[^7]: 47 U.S.C. § 230(b)(1).

[^8]: 47 U.S.C. § 157 nt. (incorporating section 706 of the
    Telecommunications Act of 1996, Pub. Law No. 104-104, 110 Stat. 56
    (1996)).

[^9]: 47 U.S.C. § 151.

[^10]: *See NCTA v. Brand X*, slip op. at 1.  

[^11]: *Id.* at 3.

[^12]: *Id.* at 3-4. We also note that the Enforcement Bureau recently
    entered into a consent decree to resolve an investigation with
    respect to the blocking of ports used for voice over Internet
    Protocol (VoIP). *See Madison River LLC and Affiliated Companies*,
    File No. EB-05-IH-0110, Order, 20 FCC Rcd 4295 (Enf. Bur. 2005).

[^13]: *See* *Hush-A-Phone Corp. v. United States,* 238 F.2d 266, 269
    (D.C. Cir. 1956); *Use of the Carterfone Device in Message Toll
    Telephone Service*, 13 FCC 2d 420 (1968).

[^14]: *See* Preamble, Telecommunications Act of 1996, P.L. 104-104, 100
    Stat. 56 (1996) (enacting 1996 Act "to promote competition and
    reduce regulation in order to secure lower prices and higher quality
    services for American telecommunications consumers and encourage the
    rapid deployment of new telecommunications technologies").

[^15]: Accordingly, we are not adopting rules in this policy statement.
    The principles we adopt are subject to reasonable network
    management.