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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. Follow on Twitter @eldotelecom

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

EldoTelecom

The FCC’s reclassification of Internet delivered services as telecommunications services under its Open Internet rulemaking effectively abrogates this component of its 2019 rulemaking. 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

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. 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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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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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.