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Business Law, Public Responsibility, and Ethics Commons

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship at Penn Law

Political Economy

2014

Forbearance

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Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo Jan 2014

Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo

Faculty Scholarship at Penn Law

The D.C. Circuit’s January 2014 decision in Verizon v. FCC represented a major milestone in the debate over network neutrality that has dominated communications policy for the past decade. This article analyzes the implications of the D.C. Circuit’s ruling, beginning with a critique of the court’s ruling that section 706 of the Telecommunications Act of 1996 gave the Federal Communications Commission (FCC) the authority to mandate some form of network neutrality. Examination of the statute’s text, application of canons of construction such as ejusdem generis and noscitur a sociis, and a perusal of the ...