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U.S. appellate court grants stay of FCC Title II reclassification of Internet as common carrier utility, citing lack of clear congressional authority

EldoTelecom

The Sixth District United States Court of Appeals has granted a stay of a rulemaking issued by the Federal Communications Commission that would regard Internet protocol services as a common carrier telecommunications utility under Title II of the Communications Act.

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Core issue before FCC's proposed Title II rules: regulating advanced telecom as a common carrier utility

EldoTelecom

Federal Communications Commission with its proposed Safeguarding and Securing the Open Internet rulemaking that would reclassify IP telecom as a common carrier utility under Title II of the Communications Act. [link] While the context here is California, this is the core issue before the U.S.

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States must designate providers, service areas under FCC reclassification of Internet delivered services as telecommunications utility.

EldoTelecom

That FCC rulemaking concluded the federal Cable Communications Policy Act of 1984 preempts state and local governments from regulating Internet and VOIP services under their video franchising authority. Pending California legislation (AB 1826) demonstrates the need for common carrier utility regulation of IP services.

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1996 Telecom Act affords FCC clear, unambiguous authority for Title II rulemaking

EldoTelecom

Federal Communications Commission’s recently issued Open Internet rulemaking on ice, slated to become effective July 22. The transmitted content isn’t changed; it’s communicated over the Internet to one or more parties. They believe their case has been strengthened by the U.S. The problem is doesn't meet any of these tests.

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Industry opposition to FCC Title II rules could lead to state-based regulation

EldoTelecom

Normal 0 false false false EN-US X-NONE X-NONE Advanced telecommunications providers favor a federal regulatory scheme over disparate state by state regulation, correctly arguing that telecommunications is essentially interstate. But in opposing the U.S. Follow on Twitter @eldotelecom

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Major Questions Does Not Apply to Net Neutrality: FCC

Broadband Breakfast

WASHINGTON, September 12, 2024 –  Broadband is straightforwardly a telecommunications service subject to common carrier regulation, the Federal Communications Commission told federal judges Wednesday. The pizzeria-versus-GrubHub distinction is important for the agency’s argument.

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In a Changed Legal Landscape, the FCC Should Reconsider Net Neutrality Rules

Broadband Breakfast

In a legal setback for the Federal Communication Commission, the U.S. and Ian Heath Gershengorn argued that any unilateral attempt by the Commission to treat broadband internet access service (BIAS) as a common carrier service under Title II of the  Communications Act of 1934  would be a “wasted effort.”