The Open Road Ahead For FCC's Open Internet Rules

Law360, New York (June 8, 2015, 1:08 PM EDT) -- This past year has seen intense debate about "open Internet" or "net neutrality" regulation. Issues such as whether prescriptive rules are needed to preserve the Internet as an open platform and whether the Federal Communications Commission can lawfully adopt them have consumed considerable ink — and more appropriately for this context, innumerable pixels — in the press (both popular and trade), scholarly articles, filings with the FCC and, ultimately, the agency's own 400-page order. There, three Democratic commissioners answered these and other questions in a manner that subjects Internet service providers ("ISPs") to a "modernized" form of common carrier regulation, consisting of many of the obligations that traditionally applied to public utilities as well as additional requirements intended to protect Internet openness....

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