• AutoTL;DRB
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    27 months ago

    This is the best summary I could come up with:


    The Federal Communications Commission voted 3–2 to impose net neutrality rules today, restoring the common-carrier regulatory framework enforced during the Obama era and then abandoned while Trump was president.

    Cable and telecom companies plan to fight the rules in court, but they lost a similar battle during the Obama era when judges upheld the FCC’s ability to regulate ISPs as common carriers under Title II of the Communications Act.

    “Instead of clearing obstacles to speed broadband deployment where it is most needed, this ill-timed and unlawful order threatens to hinder progress,” NCTA CEO Michael Powell said.

    The court battle against the FCC will center on whether the commission can define broadband as a telecommunications service, a necessary step for imposing Title II common-carrier regulations.

    ISPs hope that the Supreme Court’s evolving approach to “major questions” will prevent the FCC from defining broadband as telecommunications without explicit instructions from Congress.

    There’s no ‘unheralded power’ that we’re purporting to discover in the annals of an old, dusty statute—we’ve been classifying communications services one way or the other for decades, and the 1996 [Telecommunications] Act expressly codified our ability to continue that practice."


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