in 2011 after the FCC's rules were published and set into action,
Verizon Communications challenged those rules in court, arguing that the
FCC had no authority from Congress to impose such rules and that the
rules stymied its First Amendment rights.
On Tuesday, the federal Court of Appeals for the DC Circuit ruled in a 2-1 decision that even though the FCC has the authority to regulate broadband access, it based these rules on a flawed legal argument. In other words, the FCC based its Net neutrality regulation on a law that does not apply to broadband providers.
Specifically, the court said that since the FCC has classified broadband providers differently than it has classified telecommunications providers, it cannot use statutes that pertain to telecommunications services as a basis for regulation on broadband services.
From the decision:
On Tuesday, the federal Court of Appeals for the DC Circuit ruled in a 2-1 decision that even though the FCC has the authority to regulate broadband access, it based these rules on a flawed legal argument. In other words, the FCC based its Net neutrality regulation on a law that does not apply to broadband providers.
Specifically, the court said that since the FCC has classified broadband providers differently than it has classified telecommunications providers, it cannot use statutes that pertain to telecommunications services as a basis for regulation on broadband services.
From the decision:
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