Key Points In DC Circ. Decision Upholding Net Neutrality

Law360, New York (June 16, 2016, 4:04 PM EDT) -- On June 14, 2016, the D.C. Circuit upheld the Federal Communications Commission's 2015 order adopting its "open internet" rules against a wide range of legal challenges. In a detailed and lengthy opinion, Judges David S. Tatel and Sri Srinivasan:

Sustained the FCC’s authority to reclassify mass market broadband internet access as a telecommunications service (as opposed to an information service);

Sustained its authority to include interconnection between broadband providers and other networks within the scope of its regulations;

Sustained its authority to treat broadband wireless internet access the same as wired broadband;

Sustained its decision to forbear from applying most Title II obligations...

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