Media Contact: 
Tina Pelkey, (202) 418-0536
tina.pelkey@fcc.gov
CHAIRMAN PAI STATEMENT ON NINTH CIRCUIT DECISION 
REGARDING FTC AUTHORITY TO REGULATE INTERNET 
SERVICE PROVIDERS
WASHINGTON, February 26, 2018—Federal Communications Commission Chairman Ajit 
Pai today issued the following statement on today’s decision of the United States Court of 
Appeals for the Ninth Circuit (Federal Trade Commission v. AT&T Mobility) reaffirming the 
FTC’s authority over the non-common carrier activities of common carriers.
“The Ninth Circuit’s decision is a significant win for American consumers.  Among other 
things, it reaffirms that the Federal Trade Commission will once again be able to police 
Internet service providers after the Restoring Internet Freedom Order takes effect,” said FCC 
Chairman Pai.  “In the months and years ahead, we look forward to working closely with the 
FTC to ensure the protection of a free and open Internet.”
The FCC’s Restoring Internet Freedom Order reversed a 2015 agency decision to reclassify 
broadband Internet access service as a Title II common carrier service.  This 2015 decision 
stripped the FTC of its traditional authority to protect consumers and promote competition with 
respect to Internet service providers because the FTC does not have jurisdiction over common-
carrier activities.
The FCC’s Restoring Internet Freedom Order restores the FTC’s jurisdiction to police the 
conduct of ISPs, including their privacy practices.  The order also requires Internet service 
providers to disclose their network management practices, performance, and commercial terms 
of service.  As the nation’s top consumer protection agency, the FTC will be responsible for 
holding these providers to the promises they make to consumers.
In December 2017, the FCC and FTC announced their intent to enter into a Memorandum of 
Understanding under which the two agencies would coordinate online consumer protection 
efforts.
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This is an unofficial announcement of Commission action.  Release of the full text of a Commission order 
constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).