On December 14th, 2023, the Consumer Federation of America submitted comments to the Federal Communications Commission applauding their efforts to thoroughly and carefully restore the principles of an Open Internet. CFA's findings and conclusions support the classification of Broadband Internet Access Service (BIAS) as a telecommunications service.

The decision to classify BIAS as a telecommunications service was originally made in an order of the FCC we call the 2015 Open Internet Order, which was upheld by the Court in 2016. It was reflected over 50 years of regulatory oversight over the Internet, based on the principle that ex ante regulation ensured nondiscriminatory access (before the fact) to the Internet. It has resulted in a dramatic and virtuous cycle of economic development, and should be continued.