Don't Worry, This Net Neutrality Order Will Survive in Court

Publication Type: 
Other Writing
Publication Date: 
February 26, 2015

Today, the FCC is voting on its third major net neutrality opinion since 2008.

The last two failed in court. So you might wonder: why would this one survive? Because, if reports are right, the FCC finally learned its lesson. And that lesson is so simple–the FCC will win in court if it relies on its strongest basis for authority given to it by Congress, called Title II.

And, to give away the ending, nine of nine Supreme Court Justices have agreed. It’s not even a close legal call, whatever the cable lobbyists may say.

This saga began when the FCC disclaimed its Title II authority over high-speed Internet access in 2002. Title II (of the Communications Act) gives the FCC authority over networks, Title III over broadcasters, and Title VI over cable companies. The 2002 FCC decided that access to the Internet should be outside all the Titles–unregulated like Yahoo, eBay, or today’s Snapchat. The FCC made that decision under Chairman Michael Powell, who is now the head cable lobbyist at the top cable lobbying association, called NCTA, which benefited from his decision. (Yeah…)

Read the full post at Forbes