*DRAFT* 

RESTORING INTERNET FREEDOM 

FCC-FTC MEMORANDUM OF UNDERSTANDING 

This Memorandum of Understanding (“MOU”) is entered into by the Federal 

Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) 

(collectively, the “Agencies”) for the purpose of facilitating their joint and common goals, 

obligations, and responsibilities to protect consumers and the public interest. The Agencies 

recognize and acknowledge that each agency has legal, technical, and investigative expertise and 

experience that is valuable for rendering advice and guidance to the other relating to the acts or 

practices of Internet service providers.1 

The Agencies further recognize, and this MOU reflects, that: 

(1) Pursuant to the FCC’s authority under the Communications Act of 1934, as amended, 

on December 14, 2017, the FCC adopted a Declaratory Ruling, Report and Order, and 

Order in the proceeding Restoring Internet Freedom, WC Docket No. 17-108, 

Declaratory Ruling, Report and Order, Order, FCC 17-xxx (Dec. 14, 2017) (Internet 

Freedom Order), which, in principal part, restores broadband Internet access service 

to its Title I information service classification, reinstates the private mobile service 

classification of mobile broadband Internet access service, and returns to the 

Transparency Rule the FCC adopted in 2010 with certain limited modifications to 

promote additional transparency. As authority for the Transparency Rule, the FCC 

relies on Section 257 of the Communications Act, among other provisions, which 

requires the FCC to identify and eliminate market entry barriers for entrepreneurs and 

other small businesses in the provision and ownership of telecommunications services 

and information services and to report to Congress on how such marketplace barriers 

have been addressed by regulation or could be addressed by recommended statutory 

changes; and 

(2) Congress has directed the FTC to, among other things, prevent unfair methods of 

competition and unfair or deceptive acts or practices in or affecting commerce under 

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, and has charged the 

FTC with enforcing a number of other specific rules and statutes. 

Therefore, it is agreed that: 

1. Consistent with its jurisdiction and to fulfill its duties under Section 257 of the 

Communications Act, among other provisions, the FCC will monitor the broadband market and 

identify market entry barriers by, among other activities, reviewing informal complaints filed by 

consumers, and will investigate and take enforcement action as appropriate with respect to 

1 The 2003 Memorandum of Understanding regarding Telemarketing Enforcement and the 2015 FCC-FTC 

Consumer Protection Memorandum of Understanding remain in effect, and nothing in this Memorandum should be 

construed as altering, amending, or invalidating those Memoranda. 

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failures by an Internet service provider to comply, in whole or in part, with the Internet Freedom 

Order’s requirements to file with the FCC or display on a publicly available, easily accessible 

website the specified subjects of disclosure. 

2. Consistent with its jurisdiction, the FTC will investigate and take enforcement 

action as appropriate against Internet service providers for unfair, deceptive, or otherwise 

unlawful acts or practices, including but not limited to, actions pertaining to the accuracy of the 

disclosures such providers make pursuant to the Internet Freedom Order’s requirements, as well 

as their marketing, advertising, and promotional activities. 

3. Consistent with each agency’s jurisdiction and to maximize the resources of each 

agency, at the regular coordination meeting established by the Agencies’ 2015 Memorandum of 

Understanding, the Agencies will discuss potential investigations against Internet service 

providers that could arise under each agency’s jurisdiction, and coordinate such activities to 

promote consistency in law enforcement and to prevent duplicative or conflicting actions, to the 

extent appropriate and consistent with law. 

4. To further support coordination and cooperation on these matters, the Agencies 

will continue to work together to protect consumers, including through: 

• Consultation on investigations or enforcement actions that implicate the 

jurisdiction of the other agency; 

• Sharing of relevant investigative techniques and tools, intelligence, technical and 

legal expertise, and best practices in response to reasonable requests for such 

assistance from either Agency; and 

• Collaboration on consumer and industry outreach and education efforts, as 

appropriate. 

5. The FCC and FTC will securely share consumer complaints pertaining to the 

subject matter of the Internet Freedom Order’s requirements to the extent feasible and subject to 

the Agencies’ requirements and policies governing, among other things, the protection of 

confidential, personally identifiable, or nonpublic information. 

6. The Agencies may coordinate and cooperate to develop guidance to assist 

consumers’ understanding of Internet service provider practices. 

7. In seeking to encourage and facilitate the enforcement of applicable law, the 

Agencies recognize that decisions by one agency to take or withhold action are not, except by 

operation of law, binding on or intended to restrict action by the other agency. 

8. To ensure the effective exchange of information between the Agencies, the 

persons signing below and their successors shall be deemed Designated Liaison Officers to serve 

as the primary sources of contact for each agency. Formal meetings between appropriate senior 

officials of both Agencies to exchange views on matters of common interest and responsibility 

shall be held from time to time, as determined to be necessary by such liaison officers. 

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9. The Agencies may from time to time amend this MOU in writing, and such 

amendment shall become effective when executed by both parties. This MOU may be 

terminated by either party upon thirty (30) days’ advance written notice. 

10. This MOU shall take effect upon the effective date of the Internet Freedom 

Order. Nothing in this MOU shall be construed to impair or otherwise affect the authority 

granted by law to either party. This MOU shall be implemented consistent with applicable law 

and subject to the availability of appropriations. This MOU is not intended to, and does not, 

create any right or benefit, substantive or procedural, enforceable at law or in equity by any party 

against either the FCC or the FTC; their officers, employees, or agents; or any other person. 

For the Federal Trade Commission, Bureau of Consumer Protection 

____________________________ Date: ____________________________ 

Thomas B. Pahl 

Acting Bureau Director 

For the Federal Communications Commission, Enforcement Bureau 

____________________________ Date: ____________________________ 

Rosemary C. Harold 

Bureau Chief 

For the Federal Communications Commission, Consumer and Governmental Affairs Bureau 

____________________________ Date: ____________________________ 

G. Patrick Webre 

Acting Bureau Chief 

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