Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsCommercial LawLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'

By David Ingram
April 29, 2010

Comcast Corp.'s courthouse victory over the Federal Communications Commission (FCC) in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. A panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the FCC failed to justify its jurisdiction to regulate Internet traffic. Comcast Corp. v. Federal Communications Commission, 08-1291. The unanimous ruling was a short-term affirmation for those who want to rein in the FCC's ability to impose “net neutrality” rules, but major battles loom in at least two venues: the commission and Congress. A loss in either place would mean a lot more uncertainty for companies like Comcast.

In a move that some say would spark the “World War III” of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers. The idea has simmered for years, and the D.C. Circuit's ruling gives proponents a new reason to push. It could mean increased regulation and years of litigation, and it would likely split the FCC along partisan lines, with the three Democrats in favor and two Republicans opposed.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.