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The Frightening Stakes of this Halloween’s Net Neutrality Hearing
The future of the open internet is in danger this October 31st, not from ghosts and goblins, but from the broadband companies that control internet access in most of the United States. These companies would love to use their oligopoly power to charge users and websites additional fees for “premium...
Unfortunately the FCC, led by a new Chair, repealed those hard-won rules in 2017—despite intense resistance from nonprofits, artists, tech companies large and small, libraries, and millions of regular internet users. Ironically, under the old rule of deference, in 2003 the Ninth Circuit independently concluded that broadband was a telecommunications service – the most straightforward and correct reading of the statute and the one that provides a sound legal basis for net neutrality protections. Putting these legal threads together, Team Telecom is arguing that the FCC cannot classify current broadband offerings as a telecommunications service, even though that’s the best reading of the statute, because that classification is be a “major question” that only Congress can decide.
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