Net Neutrality and Broadband: A New Way Forward?


In deciding on February 26, 2015, to impose Communications Act Title II regulation over broadband providers, the Federal Communications Commission has taken a decisive step to preserve net neutrality. The FCC's original decision to classify broadband as unregulated Title I "Information Service," rather than regulated Title II "Telecommunications Service," as confirmed by the U.S. Supreme Court's 2005 "Brand X" decision, was originally intended to preserve a free and open Internet. It has been clear for some time, however, that the decision was a strategic error and that net neutrality could best be preserved by imposing Title II "common carrier" regulation - in other words, by treating broadband access as something in the nature of a public utility. Today's decision caps a four year effort by the FCC to reclassify broadband service. The attached Bloomberg Law Reports article published by this author gives background to today's decision.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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