>You are incredibly rude for someone who is also incredibly wrong. It is strange that whenever we are one of those, we all seem far more likely to be the other as well.
Yep. That's me. I smell bad and like jazz too.
The order is reclassifying ISPs (or as named in the document, Broadband Internet Access Services -- BIAS) under Title II of the FCC Act of 1934 (as amended repeatedly over the past 90 years). I believe the below is the pointy end of the stick and the first sentence (set apart for specific folks -- see below) is, in fact, the order.
Since I'm already rude, obnoxious and wrong, I'll wonder aloud at folks' reading comprehension skills as well.
Part III (section 25) states:
We reinstate the telecommunications service
classification of BIAS under Title II of the
Act.
Reclassification will enhance the Commission’s
ability to ensure Internet openness, defend national
security, promote cybersecurity, safeguard public safety,
monitor network resiliency and reliability,
protect consumer privacy and data security, support
consumer access to BIAS, and improve disability
access. We find that classification of BIAS as a
telecommunications service represents the best reading
of the text of the Act in light of how the service is
offered and perceived today, as well as the factual and
technical realities of how BIAS functions. Classifying
BIAS as a telecommunications service also accords with
Commission and court precedent and is fully and
sufficiently justified under the Commission’s
longstanding authority and responsibility to classify
services subject to the Commission’s jurisdiction, as
necessary. We also ensure that consumers receive the same
protections when using fixed and mobile BIAS by
reclassifying mobile BIAS as a commercial mobile service.
Yes that section tells the audience what their new rules are doing, why they are doing it, and justification for how they’re allowed to do it. From your own quote choice:
> Classifying BIAS as a telecommunications service also accords with Commission and court precedent and is fully and sufficiently justified under the Commission’s longstanding authority and responsibility to classify services subject to the Commission’s jurisdiction, as necessary.
This is clearly discussion about the rules in the section X and Appendix A. It’s clearly not an actual rule itself.
The actual rule relevant to your quote is the new Section 8.3 that they are adding to Part 20 of Title 47.
The new part 20 is given on page 398 of the document that you linked. This new section 8.3 is the actual action they take to specifically classify BIAS as a Title II telecommunications service.
> the first sentence is, in fact, the order.
No, it's a more-easily accessible description of the order in something approaching plain English. The new Section 8.3 in Appendix A is the "pointy end of the stick" of the Title II order, to use your terminology. The rest of the document is describing these changes (section X and Appendix A) in more plain English.
The actual order for what you quoted is on page 394:
> 693. Accordingly, IT IS ORDERED, pursuant to the authority contained in sections 1, 2, 3, 4, 10, 13, 201, 202, 206, 207, 208, 209, 214, 215, 216, 217, 218, 219, 220, 230, 251, 254, 256, 257, 301, 303, 304, 307, 309, 310, 312, 316, 332, 403, 501, 503, and 602 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, as amended, 47 U.S.C §§ 151, 152, 153, 154(i)-(j), 160, 163, 201, 202, 206, 207, 208, 209, 214, 215, 216, 217, 218, 219, 220, 230, 251, 254, 256, 257, 301, 303, 304, 307, 309, 310, 312, 316, 332, 403, 501, 503, 522, and 1302, that this Declaratory Ruling, Order, Report and Order, and Order on Reconsideration IS ADOPTED and that Parts 8 and 20 of the Commission’s Rules, 47 CFR Parts 8, 20, ARE AMENDED as set forth in Appendix A.
Specifically, the last little part:
> that Parts 8 and 20 of the Commission’s Rules, 47 CFR Parts 8, 20, ARE AMENDED as set forth in Appendix A.
That is the new rule. It is an actual change to Title 47. The rule is not what you quoted. What you quoted is not part of of any CFR. What you quoted is not federal code. Only Section X and Appendix A make actual changes to the "Code of Federal Regulations".
This is a reasonable supposition, but it's not true. The FCC can and has created a whole raft of specific rules that implement the m much broader Title II requirements as they apply to ISPs, including decisions not to impose certain Title II requirements (which is a power that the statute itself gives them).
If, say, you were an ISP, reading Title I and Title II would tell you very little about what you have to do to comply with the FCC's rules. You would have to read the actual FCC rules and the order to actually understand your legal obligations.
(Maybe you have in mind a quibble about what "rules" are. By "rules" I mean the U.S. government publications that tell you what you have to do in order to not be fined or punished in some other way by the U.S. government, and specifically the FCC.)
> The change being that ISPs are now regulated under Title II rather than Title I.
That is a description of the change. The changes made to Title 47 are how ISP's are actually being regulated under Title II. A translation of what they are saying in the changes to section 8.3 is:
"Because Title II gives us the authority to do so, we choose to regulate them using that authority from Title II by making these specific changes to Title 47."
Again, what you quoted is not part of any CFR. What you quoted is not federal code.
What I quoted is an actual change to federal code which is what actually regulates ISP's "under" the authority given by title II. The actual federal code being changed is: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B... which has a note that "Title 47 was last amended 4/22/2024." but does not yet show the changes. The most recent version currently available is from changes enacted 12/06/2023. Within the next week or so it will show the changes made by Section X and Appendix A to CFR Title 47 "under" the authority granted by CFR Title II.
That is what it actually means "that ISPs are now regulated under Title II" (as you wrote). Saying "ISPs are now regulated under Title II" is just saying it. Changing Title 47 is actually doing it.
Yep. That's me. I smell bad and like jazz too.
The order is reclassifying ISPs (or as named in the document, Broadband Internet Access Services -- BIAS) under Title II of the FCC Act of 1934 (as amended repeatedly over the past 90 years). I believe the below is the pointy end of the stick and the first sentence (set apart for specific folks -- see below) is, in fact, the order.
Since I'm already rude, obnoxious and wrong, I'll wonder aloud at folks' reading comprehension skills as well.
Part III (section 25) states: