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
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In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws.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
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The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.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
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
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
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
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
Talk about a shellacking. In his recent opinion in the latest incarnation of U.S. v. AT&T, U.S. District Court Judge Richard Leon rejected, in no uncertain terms, the U.S. Justice Department’s efforts to block AT&T’s...more
With the Federal Communication Commission’s decision to repeal net neutrality regulations, companies are attempting to forecast how the new landscape will affect their business operations. This has put general counsels (GCs)...more
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
On March 23, 2018, the Special Senate Committee on Net Neutrality and Consumer Protection (the Committee) released a report recommending legislation aimed at ensuring net neutrality in Massachusetts. The report and...more
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
On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more
As we discussed in our January blog, states are taking the protection of net neutrality into their own hands. This week Washington’s Governor Jay Inslee signed the first state net neutrality bill to prevent internet service...more