SAFEGUARDING AND SECURING THE OPEN INTERNET 
                 FCC-FTC MEMORANDUM OF UNDERSTANDING 

 
       This Memorandum of Understanding (“MOU”) is entered into by the Federal 
 Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) 
  (collectively, the “Agencies”) for the purpose of facilitating their joint and common goals, 
  obligations, and responsibilities to protect consumers and the public interest.  The Agencies 
 recognize and acknowledge that each agency has legal, technical, and investigative expertise and 
 experience that is valuable for rendering advice and guidance to the other relating to the acts or 
 practices of Internet service providers.  
 
       The Agencies further recognize, and this MOU reflects, that: 
 
       (1) Pursuant to the FCC’s authority under the Communications Act of 1934, as amended, 
          on April 25, 2024, the FCC adopted a Declaratory Ruling, Report and Order, and 
          Order on Reconsideration in the proceeding Safeguarding and Securing the Open 
          Internet, WC Docket No. 23-320, Declaratory Ruling, Report and Order, Order on 
          Reconsideration, FCC 24-52 (April 25, 2024) (“Open Internet Order”), which, in 
          principal part, reestablishes the Commission’s authority over broadband internet 
          access by classifying it as a telecommunications service under Title II of the 
          Communications Act and reclassifies mobile broadband internet access service as a 
          commercial mobile service. 
        
       (2) The Open Internet Order ensures the FCC can fulfill statutory obligations and policy 
          objectives to ensure Internet openness, defend national security, address 
          cybersecurity, safeguard public safety, monitor network resiliency and reliability, 
          protect consumer privacy and data security, support consumer access to BIAS, and 
          improve disability access; and 
 
       (3) Congress has directed the FTC to, among other things, prevent unfair methods of 
          competition and unfair or deceptive acts or practices in or affecting commerce under 
          Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, and has charged the 
          FTC with enforcing a number of other specific rules and statutes;  
           
       Therefore, it is agreed that: 
 
       1.    The 2017 Restoring Internet Freedom FCC-FTC Memorandum of 
 Understanding is hereby terminated.   
        
       2.    The 2003 Memorandum of Understanding regarding Telemarketing 
 Enforcement and the 2015 FCC-FTC Consumer Protection Memorandum of Understanding1 
 remain in effect, and nothing in this Memorandum should be construed as altering, amending, 

                          
 1 As stated in the 2015 FCC-FTC Consumer Protection Memorandum of Understanding, the Agencies continue to 
“express their belief that the scope of the common carrier exemption in the FTC Act does not preclude the FTC from 
addressing non-common carrier activities engaged in by common carriers.” 

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or invalidating the 2003 and 2015 Memoranda.2 
       
       3.   The Agencies may from time to time amend this MOU in writing, and such 
 amendment shall become effective when executed by both parties.  This MOU may be 
 terminated by either party upon thirty (30) days’ advance written notice. 
 
      4.    This MOU shall take effect upon the effective date of the Open Internet Order. 
Nothing in this MOU shall be construed to impair or otherwise affect the authority granted by 
law to either party.  This MOU shall be implemented consistent with applicable law and subject 
to the availability of appropriations.  This MOU is not intended to, and does not, create any right 
or benefit, substantive or procedural, enforceable at law or in equity by any party against either 
the FCC or the FTC; their officers, employees, or agents; or any other person. 
            
            
                         


                         
2 The Agencies express their belief that the Open Internet Order does not affect either Agency’s jurisdiction over 
Voice over Internet Protocol (“VOIP”) service providers, or the Agencies’ ongoing coordination regarding 
telemarketing enforcement. 

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For the Federal Trade Commission, Bureau of Consumer Protection 


                                         Date:
Samuel Levine 
Bureau Director 


For the Federal Communications Commission, Enforcement Bureau 


                                         Date:
Loyaan A. Egal 
Bureau Chief 

For the Federal Communications Commission, Consumer and Governmental Affairs Bureau 


                                         Date:
Alejandro Roark 
Bureau Chief 


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