Reiterating the two agencies’ continuing cooperation on
consumer protection matters, the Federal Trade Commission (FTC) and the Federal
Communications Commission (FCC) signed a memorandum of understanding (MOU)
following the FCC’s recent decision to restore net neutrality.
The MOU outlines parameters for coordinating consumer
protection efforts between the two regulatory bodies, according to a joint
press release. It formalizes the existing coordinated approach to certain
consumer protection matters and details methods for sharing information while
recognizing each agency’s expertise in their respective jurisdictions.
“The FTC is squarely focused on protecting Americans from
illegal business tactics, from tackling AI-enabled [artificial intelligence] voice
cloning fraud to fighting the scourge of robocalls,” FTC Chair Lina Khan said
in the release. “We look forward to continuing to work in close partnership
with the FCC. Effective law enforcement requires targeting the upstream actors
enabling unlawful conduct, and having the FCC as a partner here will be
critical.”
The MOU reiterates the FTC will continue to have
jurisdiction over non-common carrier activities executed by common carriers. It
also clarifies the FCC’s order reclassifying broadband
service as a Title II telecommunications service has no impact on the FTC’s
jurisdiction over voice-over internet providers.
“Consumers do not want their broadband provider cutting
sweetheart deals, with fast lanes for some services and slow lanes for others,”
FCC Chairwoman Jessica Rosenworcel said. “They do not want their providers
engaging in blocking, throttling, and paid prioritization. If consumers have
problems, they expect the nation’s expert authority on communications to be
able to respond. Now we can. In partnership with our colleagues at the
FTC, we will protect consumers and ensure internet openness, defend national
security, and monitor network resiliency and reliability. I thank Chair Khan
and her team for their leadership and cooperation in protecting consumers.”
A similar MOU has been in place since 2015,
stipulating how the two agencies coordinate efforts related to telemarketing
enforcement issues. The new MOU announced will take effect in tandem with the
FCC’s net neutrality order.