Law360, New York (December 7, 2017, 11:29 AM EST) -- Andrew McBride is a partner in the D.C. office of Perkins Coie LLP. The analysis contained in this article reflects McBride's views, and not those of Perkins Coie or any firm client.
The history of net neutrality has become a study in administrative U-turns, which now promise to test the limits of judicial deference to agency decision making. The Pai commission's proposed new statutory and regulatory approach to broadband internet access service overrules the Wheeler commission's more aggressive Title II approach, which itself reversed the Powell commission's Title I "light regulatory touch."
At the same time, the underpinnings of judicial deference...
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