The real surprise of the D.C. Circuit’s opinion in Verizon v. FCC was not that the anti-discrimination and anti-blocking rules of the Open Internet Order were vacated, but that the court found the FCC has jurisdiction to regulate Internet access services providers under Section 706 of the Act. Chairman Wheeler has made clear the FCC will exercise this authority as required, though the manner for so doing remains an open question. Legislation has been introduced to resuscitate the largely vacated order, but the odds for enactment are slim.
Continue Reading It’s Not Just Verizon v. FCC–Other Obstacles to an Open, Competitive Market for High Speed Internet Access Services Need to be Cleared