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Administrative Law

Federal Communications Commission

Tejas N. Narechania

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Federal And State Authority For Broadband Regulation, Tejas N. Narechania Dec 2014

Federal And State Authority For Broadband Regulation, Tejas N. Narechania

Tejas N. Narechania

Verizon’s challenge to the Federal Communications Commission’s 2010 Open Internet Order voided the substance of those rules. But even as the Commission lost the authority to enforce those rules, it gained substantial new regulatory powers. The D.C. Circuit expressly affirmed the Commission’s interpretation of section 706 of the Telecommunications Act of 1996, granting it general regulatory authority to promote the deployment of broadband infrastructure. The significance of this power can hardly be understated. The Commission has relied on this authority to preempt state statutes, to subsidize broadband deployment, and even to support, together with Title II of the Communications Act, …