The FCC already voted to instate its new Net Neutrality rules and classify broadband Internet as a utility, but exactly which parts of the Telecommunications Act Title II they’d be applying to the Internet wasn’t clear to the public—until now.

Generally, the FCC’s new rules applies few Title II provisions in an effort to avoid fears of over regulation of such a new technology. The FCC’s order states,

This includes no unbundling of last-mile facilities, no tariffing, no rate regulation, and no cost accounting rules, which results in a carefully tailored application of only those Title II provisions found to directly further the public interest in an open internet and more, better, and open broadband.

Basically, the only thing they really want to make sure of is that all Internet traffic is treated equally and those paid Internet “fast lanes” don’t become a mainstay of our everyday lives. That’s a big change from the last set of proposed rules, which left the door open for such a thing to happen. The document reads,

A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not impair or degrade lawful Internet traffic on the basis of internet content, application, or service, or use of a non-harmful device, subject to reasonable network management.

Interestingly, these new rules also apply to mobile broadband, which should cause the end of mobile data throttling practices. Overall, the new rules seem like a big win for net neutrality, as they address concerns about Internet openness while steering clear of a lot of the doom and gloom predictions of the over-regulation crowd. We’ll have to wait and see how well that works when the inevitable legal challenges come rolling in from ISPs.

FCC sued over net neutrality rules
A telecom trade group and a Texas-based broadband provider have sued the Federal Communications Commission charging that it exceeded its authority in establishing net neutrality rules.

In separate filings in different districts of the U.S. Court of Appeals, USTelecom and Alamo Broadband asked that the rules be set aside because the agency acted beyond its authority. The net neutrality order, passed in a 3-2 vote by the FCC last month, is "arbitrary, capricious, and an abuse of discretion," the suits said.

AT&T and Verizon are among the members of the telecom broadband group. Alamo delivers fixed wireless broadband service in the San Antonio, Tex. area.

egal action had been expected against the rules, which the FCC made public about two weeks ago. They do not go into effect until 60 days after they appear in the Federal Register, which hasn't happened yet.

Both suits do include statements that their challenges may be premature and are issued "out of an abundance of caution."

In a statement, the FCC acknowledged that it was "served today with two challenges to the Open Internet Order. We believe that the petitions for review filed today are premature and subject to dismissal."

It's no surprise the filings came as soon as they did, said Matt Wood, policy director for Free Press, an awareness group that supported the FCC's rules. "These companies have threatened all along to sue over the FCC's decision, even though that decision is supported by millions of people and absolutely essential for our economy," he said in a statement. "Apparently some of them couldn't wait to make good on that threat."

However, Wood thinks the FCC's basis for its action on net neutrality is "rock-solid."

The FCC cites its authority for the new rules in Title II of the Communications Act of 1934. However, the agency will "forbear" — or refrain — from using some of those provisions including pricing regulation and other parts that are less relevant to broadband services.

The agency recrafted new rules to address net neutrality, also called open Internet, because its previous 2010 order was tossed out of court in 2014 after a legal challenge by Verizon. The rules prohibit Internet service providers (ISPs), mostly large cable or telephone companies, from blocking or slowing transmission speeds of some content and from seeking payments in exchange for faster delivery, a practice called "paid prioritization."

At the Feb. 26 meeting during which the commission passed the rules, FCC chairman Tom Wheeler said, "the Internet is too important to allow broadband providers to make the rules."