Analysis

Net Neutrality Ruling Leaves States' Roles Unsettled

Law360 (October 1, 2019, 10:01 PM EDT) -- A D.C. Circuit decision Tuesday that largely upheld the Federal Communications Commission's net neutrality deregulation also severed one important part of the regime, all but guaranteeing further court battles over whether states can enact net neutrality replacement laws.

In an opinion that the FCC otherwise claimed as a victory, the appellate panel vacated a portion of the agency's Restoring Internet Freedom order, which muzzled states from passing their own consumer protection measures pertaining to internet service.

The panel's majority roundly rejected this part of the order as an overreach of the FCC's authority, opening the door for states like California to...

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