News & Analysis as of

Net Neutrality Communications Act of 1934

Womble Bond Dickinson

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

Womble Bond Dickinson on

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

Davis Wright Tremaine LLP

FCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet

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

Akin Gump Strauss Hauer & Feld LLP

FCC Votes to Adopt Order Reinstating Net Neutrality Rules

Key Points - On Thursday, April 25, the FCC voted 3–2 to reinstate the Commission’s net neutrality framework by reclassifying broadband Internet access service as a Telecommunications Service, which is regulated under Title...more

Venable LLP

FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

Venable LLP on

The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The...more

Akin Gump Strauss Hauer & Feld LLP

FCC Moves to Revive Net Neutrality Rules, Setting Up Another Lengthy Regulatory Battle

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

Paul Hastings LLP

Net Neutrality at the FCC: Title II, Round 2, With a Twist

Paul Hastings LLP on

On October 19, the Federal Communications Commission (“FCC”) is expected to adopt a Notice of Proposed Rulemaking (“NPRM”) proposing to reclassify broadband internet access service as a “telecommunications service” under...more

Pillsbury - Gravel2Gavel Construction & Real...

Two Decisions by Federal Appeals Courts Uphold Agency Deference

Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more

Snell & Wilmer

FCC Rejects FOIA Requests for Net Neutrality Comment Logs

Snell & Wilmer on

On December 3, 2018, the Federal Communications Commission (“FCC”) denied reporters’ Freedom of Information Act (“FOIA”) requests for web server log comments on net neutrality that the reporters believed contained fraudulent...more

King & Spalding

FCC Chairman Defends Net Neutrality Stance To Congress

King & Spalding on

On Friday, August 3, 2018, Chairman Ajit Pai of the Federal Communications Commission (“FCC”) sent a pair of letters to Congress to defend the FCC’s stance on net neutrality. Chairman Pai was responding to letters sent in...more

Sheppard Mullin Richter & Hampton LLP

Back To The Future: FCC Returns To Light Touch Regulation Of The Internet

This week, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Order took effect, rolling back the public-utility style regulation of Internet service providers (“ISPs”) pursuant to title II of the...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Morgan Lewis

Life in the Fast Lane: FCC Releases Final Rule Repealing Net Neutrality

Morgan Lewis on

This week, the Federal Communications Commission (FCC) published the proposed final rule repealing “net neutrality,” the open internet rules that classified internet service providers (ISPs) as common carriers under Title II...more

Womble Bond Dickinson

Net Neutrality Order Deep - Dive: Open Internet Rules Repealed, Transparency Requirements Remain, FTC Role over Broadband Privacy...

Womble Bond Dickinson on

In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more

BakerHostetler

Coming Full Circle: FTC Recovers BIAS Regulation Jurisdiction Following FCC Vote

BakerHostetler on

In a widely publicized decision, the Federal Communication Commission (FCC) voted on Dec. 14, 2017, to repeal the tenets of the Protecting and Promoting the Open Internet Order, or the Open Internet Order, of 2015. See...more

Perkins Coie

FCC to Repeal Net Neutrality

Perkins Coie on

On the eve of Thanksgiving, the Federal Communications Commission (FCC) released a draft order to repeal its own net neutrality rules. The order, which is expected to be voted upon and approved by a partisan 3-2 vote on...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCC Proposes to Roll Back Net Neutrality Regulations

The Federal Communications Commission (FCC) recently commenced a highly contentious proceeding to begin the rollback of various aspects of its network neutrality regulations, which it adopted on a party-line vote under the...more

King & Spalding

FCC Net Neutrality War

King & Spalding on

On April 27, 2017, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”), proposing to reverse the FCC’s 2015 Open Internet Order (“Title II Order”), which had applied Title II...more

King & Spalding

Wireless Carriers Warn FCC That Net Neutrality For Texts Will Increase Spam

King & Spalding on

The Federal Communications Commission (“FCC”) is weighing the benefits of protecting SMS text messaging under Title II of the Communications Act of 1934, often referred to as the Open Internet rules, versus continuing to...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

Kelley Drye & Warren LLP

D.C. Circuit Upholds FCC's Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC’s or Commission’s) 2015 Open Internet Order (2015 Open Internet Order), which classified broadband...more

Dorsey & Whitney LLP

A Close to Open Internet Challenges?

Dorsey & Whitney LLP on

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Davis Wright Tremaine LLP

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

BakerHostetler

Court of Appeals Upholds FCC’s Net Neutrality Rules and Regulatory Authority

BakerHostetler on

On June 14, 2016, the D.C. Court of Appeals ruled 2-1 in favor of the Federal Communication Commission’s (FCC) net neutrality rules, which the commission approved on February 26, 2015 (published March 12, 2015). This...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Communications: 2016 Could Be Defining Year for Net Neutrality, Spectrum Auction"

Last year, the Federal Communications Commission (FCC) closed in on two historic accomplishments. After years of laying the groundwork, the FCC issued its net neutrality regulations as well as final rules and opening bid...more

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