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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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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. That is not the case here.”

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Industry sponsored white paper points to public, consumer utility coop ownership of fiber telecom delivery infrastructure to achieve broad socioeconomic benefit.

EldoTelecom

In the fourth decade since telecommunications began to shift to Internet protocol-based technologies, about half the connections to U.S. For analog voice telecommunications, public policy is to regulate them as common carrier utilities under Title II of the Communications Act of 1934 to ensure widespread, affordable access.

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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.