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DC Circuit Upholds FCC Net Neutrality Rules

By Zoe Tillman and C. Ryan Barber
July 01, 2016

A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source. See, U.S. Telecom Assoc., et. al. v. FCC, No. 15-1063 (D.C. Cir. June 14, 2016) ().

It's the third time that challenges to the Federal Communications Commission's efforts to promote Internet openness and prevent broadband providers from favoring certain content or services reached the U.S. Court of Appeals for the D.C. Circuit. In a rare, jointly written majority opinion, Judges David Tatel and Sri Srinivasan rejected arguments from broadband providers and industry groups that the commission lacked authority to act.

The FCC reclassified broadband as a telecommunications service, subjecting it to new regulation under the federal Communications Act. Tatel and Srinivasan wrote that there was “extensive support” in the record to support the idea that consumers viewed broadband as providing telecommunications, using these services to access a wide array of third-party content such as movies, music, television shows and social media sites.

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