Case Detail

United States Telecom Association v. FCC
On June 14, 2016, the D.C. Circuit denied multiple petitions to vacate a Federal Communications Commission (FCC) order giving the agency virtually unlimited power to regulate the Internet. The decision was a setback for Washington Legal Foundation and its client, former FCC Commissioner Harold Furchtgott-Roth, who together filed a brief in the case arguing that FCC vastly exceeded its authority by imposing burdensome regulations on broadband service providers without any statutory mandate to do so. In a 115-page opinion, the panel majority concluded that FCC acted within its statutory authority—and did not violate the First Amendment—when it reclassified Internet service providers as common carriers and imposed so-called net neutrality rules on the broadband industry. In a robust dissent, Judge Stephen F. Williams criticized the “watery thin and self-contradictory” nature of the agency’s newfound justification for imposing common carriage laws on Internet providers.
Case Status:
Loss; monitoring for possible petition for rehearing or petition for certiorari.
More Information and Downloads:
8/6/2015: Download the Brief

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