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FCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband Access

On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more

Ninth Circuit Upholds FTC Authority Over Non-Carrier Activities of Common Carriers

On February 26, 2018, a unanimous 11-judge en banc panel of the Ninth Circuit upheld the authority of the Federal Trade Commission (“FTC”) over the non “carrier” activities of a company with common carrier lines of business...more

The Latest with the FCC's Open Internet Order [Audio]

Attorneys Chris Savage, Peter Karanjia, and Dan Reing discuss the history and rationale of the Open Internet Order and the motivation and implications of the D.C. Circuit Court’s decision. The FCC’s assumption affirms that...more

Divided D.C. Circuit Panel Upholds FCC Net Neutrality Rules

On June 14, 2016, the D.C. Circuit upheld the FCC’s 2015 order adopting its Open Internet rules against a wide range of legal challenges. (Our advisory describing the FCC’s rules can be found here.) In a detailed and lengthy...more

Special Legal Challenges in Reclassifying Wireless Broadband As a “Telecommunications Service”

As noted in the main text, the Order’s analysis of wireless broadband proceeds in two steps. First, as noted there, the Order reviews the technical and market characteristics of broadband Internet access service (BIAS) in...more

Potential Impact of Reclassification on State and Local Tax Obligations

The Order tries to minimize the potential that state or local taxes on broadband Internet access service (BIAS) will increase as a result of reclassifying BIAS as a telecommunications service. BIAS providers, however, have...more

FCC Proposed Revised Net Neutrality Rules

On May 16, 2014, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM)1 proposing revised “Open Internet” (or “net neutrality”) rules, in response to the January 2014 D.C. Circuit...more

D.C. Circuit Largely Invalidates Net Neutrality Rules: Analysis and Prospects

On Jan. 14, 2014, a D.C. Circuit panel struck down the portions of the FCC’s 2010 “Open Internet” (or “net neutrality”) rules that had banned blocking or discriminatory treatment of web sites or other online applications by...more

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