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Cable, Chamber of Commerce Ask SCOTUS to Toss N.Y. Broadband Law

Broadband Breakfast

“Regardless of what the FCC decides to do (or not do), that statute is clear, and the states cannot subvert congressional intent by treating broadband providers as rate-regulated common carriers.” ” The U.S. Oral arguments are scheduled for Oct.

Cable 105
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FCC reclassification of Internet access as Title II utility likely to have little impact on affordability

EldoTelecom

Federal Communications Commission votes to reclassify Internet access as a common carrier utility under Title II of the Communications Act of 1934 as expected April 25, it’s unlikely to increase affordable access. When the U.S. 202 , titled Discrimination and Preferences.

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

EldoTelecom

They hope to convince the courts the FCC lacked authority to issue the rulemaking classifying Internet protocol-based services -- advanced telecommunications – as a common carrier telecom utility service under Title II of the Communications Act. That’s a pretty clear and unambiguous grant of authority for the FCC’s rulemaking.

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Does the FCC Have a Safe Harbor to Deregulate Despite the 1994 MCI Case Precedent?

Telefrieden

Despite all the speculation about pending foreclosure of regulatory agency discretion, there is a provision in the Telecommunications Act of 1996 that the Court might deem sufficiently clear to withstand the major question and ambiguity roadblocks: 47 U.S. Code § 160 - Competition in provision of telecommunications service. See [link].

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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

As a result, a private market equilibrium that balances the marginal revenue and marginal cost of fiber deployment will lead to an under-provision of fiber resources, resulting in market failure. However, no group of private investors can fully capture these benefits.

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Sixth Circuit Denies Rehearing in Net Neutrality Challenge

Broadband Breakfast

The decision upholds the court’s finding that the FCC cannot classify internet service providers as Title II common carriers under the Telecommunications Act, ruling that the “best reading” of the statute requires broadband to be defined as a less-regulated information service.

En Banc 66
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The (Likely) End of the FCC’s Long-Running Net Neutrality Saga

Broadband Breakfast

Brand X Internet Services  decision, the Supreme Court, by a 5-4 vote, affirmed a 2002 FCC order classifying ISPs as “information service” providers under the relevant Communications Act provisions rather than “telecommunications service” providers.