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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