JONES DAY TALKS®: The D.C. Circuit's Mixed Decision on Net Neutrality
The Latest with the FCC's Open Internet Order
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
As part of the massive 2021 Infrastructure Investment and Jobs Act (IIJA), Congress directed the Federal Communications Commission (FCC) to issue rules facilitating consumers’ “equal access” to broadband internet access...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
The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more
The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more
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
New FCC order scales back net neutrality mandates while seeking to ensure internet openness through updated transparency requirements and FTC oversight. Background - On January 4, 2018, the Federal Communications...more
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
On December 14, 2017, the FCC voted 3-2 to roll back the 2015 Open Internet Order, with all Republican commissioners voting in favor of the item and both Democratic commissioners strongly dissenting. As we discussed in an...more
On December 14, 2017, the FCC adopted a decision reversing nearly all of the significant elements of its 2015 Open Internet Order and the "network neutrality" rules from that order, retaining only the requirement that...more
In response to the Federal Communications Commission’s vote yesterday to dismantle the net neutrality rules regulating businesses that connect consumers to the internet, online retailers have responded that they will support...more
This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any...more
The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more
The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more
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
Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more
New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more
On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,”...more
FCC Chairman Ajit Pai has waded back into the shark-infested waters of net neutrality by releasing a draft NPRM proposal to reverse the FCC’s recently upheld consumer protection rules prohibiting Broadband Internet Access...more
On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at...more
On Thursday February 23, 2017, by a 2-1 vote, the Federal Communications Commission (FCC) voted to restore the Small Provider Exemption from the Commission’s Open Internet rules, and to expand the exemption to cover more BIAS...more
Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under...more
On January 11, 2017, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) issued an informal report—“Policy Review of Mobile Broadband Operators’ Sponsored Data...more
On Thursday, December 16, the FCC announced that the Office of Management and Budget had approved the long-delayed “enhanced” Open Internet transparency requirements, which were originally approved in March 2015. As a result,...more