On November 6, 2015, the Federal Communications Commission ("FCC") denied a petition filed in June 2015 that requested that the FCC regulate "edge providers" as part of its net neutrality rules implementing Section 222 of the Communications Act.13 Edge providers are companies that offer content, apps, and services online to consumers, and the petition sought to require those companies to honor "Do Not Track" requests from consumers' Internet browsers. In its order denying the petition, the FCC ruled that the petition's request was "inconsistent with the Commission's articulation of the effect of its reclassification"14
The FCC adopted its "Open Internet Order" on February 26, 2015, reclassifying broadband internet service providers as common carriers, subject to the various regulatory and privacy requirements of the Communications Act.' Section 222 relates to the privacy of customer information, and restricts how covered entities may use customer data. The existing rules set out specific use limitations and data protection requirements for how common carriers manage their Customer Proprietary Network Information.16 The petition asked that any new rules the FCC issued as a result of that order should expand the scope of data and companies governed by the rule. However, the FCC's Open Internet Order specifically stated that it was not "regulating the Internet, per se, or any Internet applications or content." Accordingly, the FCC denied the petition.