Report Covers New Net Neutrality Rules From Inception Through Court Challenges
This Communications Daily Special Report on net neutrality covers the events spanning a period from commissioners voting Feb. 26, 2015, to approve an FCC ban against internet providers discriminating in the content they deliver to broadband subscribers and reclassifying such service, all the way through to court challenges that continue to this day. This Special Report contains four parts. Each excerpts multiple stories written over many months by Communications Daily journalists including Howard Buskirk and David Kaut.
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In Part I, this Special Report details the party-line commissioner vote approving the controversial order that includes reclassifying broadband under the Communications Act (see 1609150017). The net neutrality order, which remains in force, classified broadband internet access service as a Title II telecom service subject to some common-carrier regulation. Previously, broadband was a mostly unregulated Title I information service.
Part II of the Special Report focuses on the start of litigation over the rules (see 1609230009). Even before the text of the 400-page order was released March 12, 2015, industry heavyweights signaled they would take the FCC to court. After the commission issued the text, they did just that.
Part III covers the Dec. 4, 2015, oral argument in the resulting case, USTelecom v. FCC (see 1610130014). That day, three judges at the U.S. Court of Appeals for the D.C. Circuit considered cable and telco ISP industry challenges that the order went too far, especially in reclassifying broadband. Judges considered others' pleadings that the commission was too gentle on ISPs in forbearing from employing the full weight of Title II common-carrier obligations on the providers.
Part IV shows the D.C. Circuit panel surprising FCC fans and foes alike by upholding the entire net neutrality and reclassification order (see 1610210015). Two of the three judges fully backed the commission, while one judge had some concerns. After the June 14, 2016, D.C. Circuit decision, NCTA, USTelecom and others asked the broader court to reconsider the case en banc. Those appeals continue.
Most recently, with the Nov. 8 election of Republican Donald Trump as president, many on all sides of net neutrality are predicting a Trump-appointed FCC chairman or GOP Congress will seek to undo reclassification. Communications Daily subscribers can read about that in stories by Buskirk, Kaut and others in regular issues of the publication.