JONES DAY TALKS®: The D.C. Circuit's Mixed Decision on Net Neutrality
The Latest with the FCC's Open Internet Order
In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more
On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more
On May 7, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (BIAS) as a common...more
On Oct. 19, the Federal Communications Commission (FCC) voted 3-2 to advance Chairwoman Jessica Rosenworcel’s proposal to once again adopt “net neutrality” rules. As it had in 2015, the FCC also proposes to classify broadband...more
Key Points - In a 3-2 vote, the FCC moved to advance a proposal that would restore so-called "net neutrality" rules and allow the agency to regulate broadband internet access service as a utility. The vote marks the start...more
If adopted, the FCC will have expanded authority to regulate Broadband Internet Access. The FCC is not proposing to regulate rates, but it would have authority to review changes in ownership, as well as jurisdiction to rule...more
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more
Earlier this week, the Chairwoman of the Federal Communications Commission (“FCC”) shared long-expected plans to revisit net neutrality regulation, marking a new chapter in the long-running debate over whether and how to...more
In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more
On January 28, 2022, a panel of the Ninth Circuit Court of Appeals issued a ruling in ACA Connects v. Bonita, upholding the district court's denial of a preliminary injunction against the operation of California SB-822, which...more
The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC. The Issue: Net neutrality raises First Amendment...more
The whirlwind of developments during 2021 on "net neutrality" rules that is probably inevitable given the change in administration gathered speed this week, when a federal district court in California denied an industry...more
Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally. In Mozilla v. Federal Communications Commission, the U.S. Court of Appeals for the D.C. Circuit...more
The U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely...more
In the latest twist in the net neutrality saga, the United States Court of Appeals for the District of Columbia upheld the Federal Communications Commission’s (“FCC” or “Commission”) 2017 decision to once again classify...more
In the latest development in the Federal Communications Commission's ("FCC") decade-long approach to net neutrality, the U.S. Court of Appeals for the D.C. Circuit vacated the FCC's 2018 order preempting state net neutrality...more
The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more
This Week: Bipartisan House Judiciary leaders reintroduce Journalism Competition and Preservation Act, Energy and Commerce Committee sends Net Neutrality legislation to House floor, Senate Commerce Committee advances...more
On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more
In a move hailed by the Federal Communications Commission (FCC), California’s net neutrality law has been put on hold—for now. The battle over net neutrality dates back to 2015, when the FCC published the Open Internet...more
Earlier this week, the United States Supreme Court denied requests by the Trump Administration and telecommunications industry players to vacate a prior decision by the D.C. Circuit Court of Appeals upholding the Federal...more
Will California’s net neutrality law survive the federal challenge filed by the Department of Justice? Within an hour of Governor Jerry Brown’s signature on SB 822, restoring the federal net neutrality rules in California,...more
In response to the Federal Communication Commission’s decision to repeal the Open Internet Order, California lawmakers have taken matters into their own hands by passing a measure that would provide net neutrality in the...more
On June 11, the FCC’s Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd. 311 (2018) (the “Order”) took effect. The Order overturned the net neutrality rules that prevented internet service...more
The Washington Post reported that it “is a great day for California Internet users as their state is now one step closer to enacting the strongest net neutrality law in the country.” The July 5, 2018 article entitled...more