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Full-Text Articles in Law
Federal And State Authority For Broadband Regulation, Tejas N. Narechania
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, …
Agency Boundaries And Network Neutrality, Tejas N. Narechania
Agency Boundaries And Network Neutrality, Tejas N. Narechania
Tejas N. Narechania
The Federal Communications Commission’s latest network neutrality regulations, released in 2015, have been the subject of compliment and critique by a varied set of politicians, industry leaders, and scholars. But a potentially surprising font of criticism for these new rules lies within the administration itself: During the FCC’s rule-making proceeding, the Federal Trade Commission cautioned that the FCC could undermine the FTC’s authority to sanction unfair and anticompetitive conduct in broadband industries by activating its powers under Title II of the Communications Act. Simultaneously, members of the FTC argued that it, rather than the FCC, was better suited to address …