Communications -- 2016



United States Telecom Ass'n. v. Federal Communications Commission   (D.C. Circuit)

Net Neutrality

The NAM filed an amicus brief supporting the telecommunications industry and opposing the Federal Communications Commission’s (FCC) reclassification of broadband service providers as telecommunications services subject to common carrier regulations. This litigation was a challenge to the FCC’s net neutrality rule, which reclassified and regulated broadband service providers as common carriers. That rule discouraged investment, stifled innovation and invited uncertainty for companies trying to predict how they may do business. The NAM’s brief argued that 1) the FCC’s reclassification must be set aside because it was contrary to the Communications Act of 1934; 2) the reclassification was promulgated in violation of the Administrative Procedure Act; and 3) broadband providers “rates” and “practices” would be subject to the broad and ambiguous standards, which would decrease the variety and quality of internet services. Unfortunately, the court rejected the challenges.


Related Documents:
NAM brief  (August 5, 2015)