Just over a month ago, in Verizon v. Federal Communications Commission, the D.C. Circuit struck down the FCC’s “Open Internet Order,” on the ground that it effectively imposed common carrier obligations on broadband providers. At the same time, however, the court held that the Commission does have the statutory authority to regulate in the area. As a result of the court’s latter ruling, earlier this month the FCC (despite the objections of two commissioners) indicated that it would introduce new rules that will seek to prevent improper blocking and discrimination among Internet traffic, albeit without imposing common carrier obligations on Internet service providers. It also announced that it does not plan to appeal the court’s decision.
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