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Communication Law Keyed to Benjamin, 2nd Ed.
Mozilla Corp. v. FCC
Citation:
940 F.3d 1 (2019)Facts
In 2015, the FCC classified broadband Internet access service as a telecommunications service subject to common carrier regulation under Title II of the Communications Act, establishing rules against blocking, throttling, and paid prioritization (the “net neutrality” rules). In 2018, the FCC reversed course, reclassifying broadband as an information service under Title I, which provides minimal regulatory authority. The 2018 Order eliminated the conduct rules and adopted a transparency requirement instead. The FCC justified this change by arguing that the lighter regulatory touch would promote investment and innovation, that transparency combined with market forces and antitrust and consumer protection laws would adequately protect Internet openness, and that the costs of the Title II framework outweighed its benefits. The 2018 Order also included a Preemption Directive prohibiting states from imposing regulations inconsistent with the federal deregulatory approach. Petitioners challenged the 2018 Order on multiple grounds, including the reclassification decision, the repeal of the conduct rules, and the Preemption Directive.
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