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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. Follow on Twitter @eldotelecom

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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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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.