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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

In many parts of urban and rural California, internet services are indeed a monopoly—or at best a duopoly. The common policy response to the monopoly is to either place the service provider into public hands or use a regulatory framework to curtail the ability of the provider to exploit a monopoly position.

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

EldoTelecom

The task is complicated by a FCC rulemaking issued in 2019 ( DA/FCC #: FCC-19-80 ) that bars states from regulating most non-cable services including Internet access service offered over a cable system by an incumbent cable operator. That led a shift in regulatory policy, creating "video franchises."

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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. The case would require the high court to review its 2005 ruling in Brand X Internet Services, et al.

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

Broadband Breakfast

Sixth Circuit Court of Appeals announced  last month  that it would temporarily block the Commission’s highly controversial  net neutrality rule , which imposes utility-style regulations on the internet and requires service providers to  treat  different types of data the same. Verrilli Jr.

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Upcoming Limits on FCC Statutory Interpretations Unless It Deregulates

Telefrieden

Lacking humility and common sense, the Court appears hellbent to outlaw statutory interpretation like what kinds of services fit within the following ambiguous words Congress crafted, circa 1996: “advanced telecommunications capability.” 1302(a), codified by the Telecommunications Act of 1996, Pub. 104-104, 110 Stat.