D.C. Circuit Court of Appeals Rules That FCC Regulations Are Outside the Agency’s Authority.

14 Tuesday Jan 2014

Posted by Celia C. Elwell, RP in Appellate Law, District of Columbia Circuit Court of Appeals, FCC, Government, Internet

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Brian Focht, Common Carrier, D.C. Circuit Court of Appeals, FCC, Net Neutrality, The Cyber Advocate

Not Hyperbole: The Internet Won’t Be The Same Without Net Neutrality, by Brian Focht, The Cyber Advocate

http://tinyurl.com/lwlyubo

Today, the D.C. Circuit Court of Appeals ruled that key provisions of regulations promulgated by the FCC, referred to as the ‘Open Internet Rules’ (or ‘Net Neutrality’ to most), were outside the agency’s authority. Specifically, the court held that rules requiring broadband internet service providers to treat all internet traffic equally were beyond the FCC’s powers, because broadband providers are not considered ‘common carriers.’