Net Neutrality and Broadband: A New Way Forward?

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On December 1, 2010, the Federal Communications Commission announced its intention to promulgate new rules to regulate non-discriminatory broadband Internet access-a regulatory scheme known as "Net Neutrality." In doing so, the FCC abandoned its May 2010 so-called "third way" approach of reclassification of broadband service from "Information Service" to "Telecommunications Service," an approach that this writer and others has criticized as inviting 10 years of litigation to the detriment of broadband service rollout.

The new rules, announced on December 21, will be the subject of a follow-up article analyzing them to be published by Bloomberg Law Reports in January and subsequently posted here.

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