The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies, including the FCC.[1] After the decision in Loper Bright Enterprises v. Raimondo,[2] it will be easier to challenge and overturn agency decisions, and federal agencies
On May 7, 2024, the FCC released a Declaratory Ruling reclassifying “broadband Internet access service” (“BIAS”) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations and a Report and Order applying a set
For better or worse, you decide, the FCC is challenged when adopting policies or making decisions that impact enterprise customers. This is the first of two entries on enterprise customers and the FCC.
The appeals of the Open Internet Order have been consolidated in United States Telecom Assoc. v. FCC, No. 15-1063 (and consolidated cases) (D.C. Cir. filed Mar. 23, 2015). Thus, the court that decided Verizon v. FCC will rule on the FCC’s second attempt to extend its jurisdiction over the Internet.
Continue Reading Open Internet Order: Appellate Advocacy at Full Throttle
The entry summarizes the major elements of the Open Internet Order. An analysis of the FCC’s policy determinations and reasoning for regulating broadband internet access service as a Title II telecommunications service will be provided in a later entry.
Broadband Internet Access Service Defined. The Open Internet rules apply to “broadband Internet access service”
As widely reported and commented upon, in Verizon v. FCC decided on January 14, 2014, the U.S. Court of Appeals for the District of Columbia vacated the anti-blocking and anti-discrimination rules adopted in the FCC’s Open Internet Order, but declined to vacate the network disclosure rules (pertaining to Internet access services providers’ network management practices).
Continue Reading D.C. Circuit Deletes Open Internet Order, but Gives FCC a Password to Regulate Internet Access Services Providers