Tag Archives: Net Neutrality

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under Title II of the Communications Act of 1934 in its 2015 Net Neutrality Order (discussed in detail here).  One of the many important questions left unanswered … Continue Reading

Cyberspace Oddity: The FCC Regulates Internet Services as Common Carrier Telecommunications Services, “Protecting and Promoting the Open Internet”

The FCC voted yesterday 3-2 along party lines to promulgate new rules necessary to protect the “Open Internet.”  At the core of the Commission’s action lies its decision to reclassify Internet services as a “telecommunications” instead of “information” services and regulate the services under Title II of the Communications Act of 1934.  This reclassification, led … Continue Reading

Once More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations

Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and protect an “open” Internet. In what is likely to become a highly-contested proceeding, … Continue Reading

FCC Approves Controversial Net Neutrality Rules

On December 21, 2010, the FCC approved controversial net neutrality rules in a party-line vote.  Democratic Commissioners Copps and Clyburn joined Chairman Genachowski in approving the Order, despite concerns that it did not go far enough.  Republican Commissioners McDowell and Baker wrote lengthy dissents, arguing that the FCC had stepped far beyond its regulatory authority … Continue Reading

Comments Received In FCC Reclassification Proceeding

The FCC received thousands of comments last week in response to its Notice of Inquiry (NOI) regarding the appropriate regulatory classification for broadband Internet service. At issue is the hotly-debated topic of whether and how broadband services should be regulated after the DC Circuit’s recent Comcast decision, which held that the FCC lacked the authority to … Continue Reading

FCC Loses Net Neutrality Suit

On Tuesday, the U.S. Court of Appeals for the D.C. Circuit ruled that the FCC lacks the authority to regulate Internet service providers’ network management practices.  The unanimous decision by a three-judge panel immediately throws into question the FCC’s ability to require Internet providers to treat all network traffic equally (a concept known as "net … Continue Reading
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