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FCC Votes to Adopt Internet Freedom Order

On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the Commission’s 2015 Open Internet Order. Based on the Commissioners’ comments at the open meeting the new order should […]

FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (now referred to as the “Title II Order”). As recounted in previous DWT Alerts, the Title II Order’s finding that broadband Internet access […]

States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit

On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core billed AT&T for terminating local phone calls dating back to 2004, from AT&T’s customers to Core’s ISP customers. AT&T refused to pay, claiming that the traffic […]

Sixth Circuit Consolidates Cases, Sets New Briefing Schedule in Appeals Involving Municipal Broadband Laws

As expected, the Sixth Circuit Court of Appeals has consolidated the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s order striking down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they may […]

Briefing Orders Issued in Battle Over State Laws Restricting Municipal Broadband

The Sixth Circuit Court of Appeals issued briefing orders in the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s vote to strike down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they […]

States React to Open Internet Order

The FCC clarified two things as to state authority over broadband Internet access services in the Order:  (i) it reaffirmed that Internet access service is interstate for regulatory purposes and (ii) it declared that states are expressly preempted from imposing laws or regulating broadband in a manner that conflicts with federal law and the FCC’s […]

Tennessee and North Carolina Fight the FCC’s Order Preempting State Laws Limiting Municipal Broadband

As we discussed in detail here and here, on February 26, 2015, the FCC voted to strike down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they may serve and impose other conditions on their operations.  The full text of the FCC’s order […]

Unintended Consequences? The Open Internet Order Could Open the Door to New Taxes

Could Benjamin Franklin have been wrong about the Internet when he said, “In this world nothing can be said to be certain, except death and taxes”?  The FCC’s Open Internet Order suggests so – they told us not to worry about taxes resulting from an Open Internet.  We’re not so sure. The Order itself relies […]
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