article thumbnail

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.

article thumbnail

Court Pauses Challenge to FCC’s USF Forbearance Policy

Broadband Breakfast

billion Universal Service Fund, something that would normally have happened when the agency reclassified broadband providers as Title II common carriers. It remanded the issue to the FCC, which has signaled an intent to appeal.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Broadband Breakfast

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.” Verrilli Jr.

article thumbnail

Court Orders ISPs, FCC to Argue Net Neutrality on Halloween

Broadband Breakfast

  On April 25, the FCC voted along party lines to classify broadband ISPs as common carriers. The ISPs have said Congress never handed power to the FCC to treat them as common carriers.    "The Communications Act likely does not plainly authorize the [FCC] to resolve this signal question.