AT&T in apparent violation of FCC Open Internet rulemaking reclassifying internet as telecom service

In June of 2015, the Open Internet rulemaking adopted by the U.S. Federal Communications Commission that reclassified internet as a common carrier telecommunications service subject to the universal service and non-discrimination mandates of Title II of the Communications Act became effective. Section 201(a) of the law states that:

"It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor..."

Section 254(b)(3) of the Act requires ISPs to provide access to advanced telecommunications in all regions of the nation. Section 202 of the Act contains an anti-redlining provision barring internet service providers from discriminating against localities in providing service.

But let’s take a look at what happens when at least some consumers attempt to place an online order for internet service with AT&T, the nation’s biggest telecommunications provider. After plugging in the address where service is needed on a recent service inquiry, the following screen appeared on the AT&T order page:

In other words, satellite television but ironically no telecommunications services are available for ordering. That window includes an informational link at the bottom right of the page titled “Why can’t I get these services?” Clicking on that link brought up the following:

The first and last explanations clearly do not comport with Title II’s universal service requirement for an incumbent local exchange carrier (ILEC) like AT&T. Particularly the last one referencing “an area we don’t service," noting landline services are offered only in “select areas” of AT&T’s 21 state service territory. “Select areas” is clearly not universal service. It will be interesting to see how the Federal Communications Commission addresses this apparent clear violation of its Title II rules.

Those rules also bar internet service providers from blocking and throttling content. Indeed, the Open Internet rulemaking has been wholly conflated with that provision, known as "net neutrality." However, the toughest form of blocking and throttling is meaningless when one has no internet service access whatsoever because a request for service isn't honored.