Under FCC chair Tom Wheeler, the FCC voted in the 2015 Open Internet Order, categorizing ISPs as Title II common carriers and subject to net neutrality principles, which was upheld after a legal challenge raised by the ISP industry in United States Telecom Ass'n v. FCC (2014) that the FCC did not have authority to enforce these net neutrality principles on Title I information services. In the early 2000s, the FCC adopted a position that ISPs were Title I information services, and proposed net neutrality principles via the FCC Open Internet Order 2010. The makeup of the 5-member FCC changes with each new administration, and thus the FCC's attitude and rules towards net neutrality has also shifted multiple times. Brand X Internet Services (2005), in addition to choosing what regulations to set on common carriers. Because the Communications Act has not been amended by the United States Congress to account for ISPs, the FCC has the authority to designate how ISPs should be classified, affirmed by the Supreme Court in the case National Cable & Telecommunications Ass'n v. The classification affects the Federal Communications Commission's (FCC) authority over ISPs: the FCC would have significant ability to regulate ISPs if classified as Title II common carriers, but would have little control over them if classified as Title I. Ī core issue to net neutrality is how ISPs should be classified under the Communications Act of 1934 as amended by the Telecommunications Act of 1996, as either Title I " information services" or Title II " common carrier services". Without net neutrality, ISPs may prioritize certain types of traffic, meter others, or potentially block traffic from specific services, while charging consumers for various tiers of service. With net neutrality, ISPs may not intentionally block, slow down, or charge money for specific online content. In the United States, net neutrality, the principle that Internet service providers (ISPs) treat all data on the Internet the same, and not discriminate, has been an issue of contention between network users and access providers since the 1990s.
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