The provision, often associated to the concept of net neutrality, was struck down in a decision on the case Verizon vs. FCC, which was filed in 2010. A panel of three D.C. district judges denied the FCC’s ability to require that service providers to treat all Internet traffic equitably. While this is a marked win for Internet Service Providers (ISPs) like Verizon, they will still be required to divulge information on how they enact that traffic management.
While the court said that it did not disagree with what the FCC was attempting to regulate, it was a problem with the way the rules were written which ultimately nullified them. Under the Open Internet Order, “common carriers” were denied the ability to police and regulate the information flowing through their infrastructures. However, years earlier, the commission had classified ISPs as information services, rather than common carriers.