Download or read book What are the Bounds of the FCC s Authority Over Broadband Service Providers A Review of the Recent Case Law written by Lawrence J. Spiwak and published by . This book was released on 2014 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Internet was in its nascency, the Federal Communications Commission rejected calls to impose traditional "common carrier" regulation designed for a monopoly telephone world. Instead, the agency classified broadband Internet access as an "information service" under Title I of the Communications Act, and this light touch approach is widely credited with the rapid pace of deployment, adoption, and innovation consumers enjoy today in the broadband ecosystem. With the Federal Communications Commission's efforts to move forward with the IP Transition and with its new attempt to draft legally-sustainable Open Internet Rules, some now argue that the current legal regime fails to provide the Commission with sufficient oversight authority and, as such, the Commission should reclassify broadband Internet access as a Title II common carrier "telecommunications" service. In an effort to provide some illumination to this important topic, in this Bulletin I review three recent cases from the D.C. Circuit -- Comcast v. FCC, Cellco Partnership v. FCC and Verizon v. FCC -- to evaluate the current state of the law. These cases indicate that the Federal Communications Commission has ample legal authority over Broadband Service Providers under the current legal regime and, as such, reclassification of broadband Internet access as a Title II telecommunications service is unwarranted.
Download or read book FCC Record written by United States. Federal Communications Commission and published by . This book was released on 2018 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Access to Broadband Networks written by Congressional Research Service and published by CreateSpace. This book was released on 2015-02-05 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: As congressional policy makers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as “net neutrality.” While there is no single accepted definition of “net neutrality,” most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. A major focus in the debate is concern over whether the current framework is sufficient for policy makers to enable them to take the necessary steps to ensure access to the Internet for content, services, and applications providers, as well as consumers. Some look to the Federal Communications Commission (FCC) to address this issue using current provisions in the 1934 Communications Act to protect the marketplace from potential abuses that could threaten the net neutrality concept. Others feel that existing laws are outdated and limited, cannot be used to establish regulations to address current issues and furthermore will not stand up to court review. They advocate that the FCC should look to the Congress for guidance to amend current law to update FCC authority before action is taken. Still others contend that existing laws and policies are sufficient to deal with potential anti-competitive behavior and that additional regulations would have negative effects on the expansion and future development of the Internet. Three measures (S. 40, H.R. 196, and H.R. 279) addressing broadband regulation have been introduced in the 114th Congress. Draft legislation has been the subject of hearings, held on January 21, 2015, in the Senate Commerce Committee and the House Subcommittee on Communications and Technology. The January 2014 decision by the U.S. Court of Appeals, D.C. Circuit (Verizon Communications Inc. v. Federal Communications Commission, D.C. Cir., No.11-1355) upholding the Federal Communications Commission's (FCC) authority to use Section 706 of the Telecommunications Act of 1996 to regulate broadband providers, but striking down the specific anti blocking and nondiscrimination rules of the FCC's 2010 Open Internet Order has focused attention on the issue. Seven measures (H.R. 3982, H.R. 4070, H.R. 4752, H.R. 4880, H.R. 5429, S. 1981, and S. 2476) were introduced in the 113th Congress in direct response to the January 2014 court decision, and subsequent FCC action. In response to the court remand the FCC on May 15, 2014, adopted a Notice of Proposed Rulemaking, to seek comment “on how best to protect and promote an open Internet.” A consensus on the net neutrality issue has remained elusive. The release on November 10, 2014, of a statement by President Obama, urging the FCC to adopt regulations to reclassify Internet access services as telecommunications services to be regulated under Title II of the 1934 Communications Act once again focused attention on the debate. A proposed draft order, offered by FCC Chairman Wheeler, is currently under circulation to the remaining four commissioners. The FCC has tentatively scheduled a vote on this issue for its February 26, 2015, open meeting. Regardless of the outcome it is anticipated that the issue of access to broadband networks will be of continued interest to policy makers.
Download or read book The Net Neutrality Debate written by Congressional Research Service and published by Independently Published. This book was released on 2019-02-03 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the internet. The move to place restrictions on the owners of the networks that compose and provide access to the internet, to ensure equal access and nondiscriminatory treatment, is referred to as "net neutrality." There is no single accepted definition of "net neutrality," but most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt open internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules was the decision to reclassify broadband internet access service as telecommunications service under Title II, thereby subjecting internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC's 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S. Appeals Court review was denied and a subsequent petition for U.S. Supreme Court review was declined. The FCC on December 14, 2017, adopted (3-2) an Order that largely reverses the 2015 regulatory framework. The 2017 Order, among other things, reverses the 2015 classification of broadband internet access services as a telecommunications service under Title II of the Communications Act, shifts much of the oversight from the FCC to the Federal Trade Commission and the Department of Justice, and provides for a less regulatory approach. This action has once again opened up the debate over what the appropriate framework is to ensure an open internet. Reaction to the 2017 Order has been mixed. Some see the 2015 FCC rules as regulatory overreach and welcome a more "light-touch" approach, which they feel will stimulate broadband investment, deployment, and innovation. Others support the 2015 regulations and feel that their reversal will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion, or innovation. The 2017 Order was published in the Federal Register on February 22, 2018, and went into effect on June 11, 2018. Federal Register publication triggered timelines for both court challenges and Congressional Review Act (CRA) consideration. Petitions for review have been consolidated in the U.S. Court of Appeals, D.C. Circuit. CRA resolutions (S.J.Res. 52, H.J.Res. 129) to overturn the 2017 Order, were introduced in the 115th Congress. S.J.Res. 52 passed (52-47) the Senate, but H.J.Res. 129 was not considered in the House. The FCC's move to adopt the 2017 Order has reopened the debate over whether Congress should consider a measure to amend existing law to provide greater regulatory stability and guidance to the FCC regarding broadband access. Four bills (H.R. 4682, H.R. 6393, S. 2510, and S. 2853) to provide a regulatory framework to outline FCC authority over broadband internet access services were introduced, but not acted on, in the 115th Congress. Debate over what the appropriate regulatory framework should be for broadband access is expected to continue in the 116th Congress.
Download or read book The Net Neutrality Debate written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-07-20 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt new open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules is the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC's 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full court review was denied, leaving the next legal option a petition for U.S. Supreme Court review. The FCC's May 18, 2017, adoption (2-1) of a Notice of Proposed Rulemaking to reexamine the rules adopted in 2015, with an eye to considering a less regulatory approach, has once again opened up the debate over what the appropriate framework is to ensure an open Internet. Reaction to this proposal has been mixed. Some see the current FCC rules as regulatory overreach and welcome a more "light-touch" approach which they feel will stimulate broadband investment, deployment, and innovation. Others fully support the current 2015 regulations and feel that their modification will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion, or innovation. To date, congressional action in the 115th Congress has focused on two aspects of the current rules: privacy (S.J.Res. 34, S. 878, S. 964, H.J.Res. 86, H.Res. 230, H.R. 1754, H.R. 1868, H.R. 2520) and transparency (S. 228, H.R. 288). Separately, legislation (S. 993) to nullify the FCC's 2015 Open Internet Order has also been introduced. The FCC's move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC. Whether Congress will choose to address more comprehensive legislation to amend the 1934 Communications Act, to provide a broad-based framework for such regulation, remains to be seen.
Download or read book Vertical Integration in Cable Television written by David Waterman and published by American Enterprise Institute. This book was released on 1997 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors address claims that vertical ownership ties reduce programming diversity, restrict entry of competitors to cable, or have other socially undesirable effects
Download or read book The regulatory status of broadband services written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and the Internet and published by . This book was released on 2003 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oversight of the Federal Communications Commission written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Communications, Technology, and the Internet and published by . This book was released on 2012 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wrecking the Internet to Save It written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2015 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Virtual Freedom written by Dawn C. Nunziato and published by Stanford University Press. This book was released on 2009-08-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
Download or read book S 2686 the Communications Consumer s Choice and Broadband Deployment Act of 2006 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation and published by . This book was released on 2011 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Access to Broadband Networks written by Angele A. Gilroy and published by DIANE Publishing. This book was released on 2011-08 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: As congressional policymakers continue to debate telecomm. reform, a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as ¿net neutrality.¿A major focus in the debate is concern over whether it is necessary for policymakers to take steps to ensure access to the Internet for content, services, and applications providers, as well as consumers, what these steps should be. Contents of this report: Intro.; FCC Activity; Industry Initiatives; Network Mgmt.; The Policy Debate; Congress. Activity. A print on demand report.
Download or read book S 2686 the Communications Consumer s Choice and Broadband Deployment Act of 2006 S 2686 the Communications Consumer s Choice and Broadband Deployment Act of 2006 June 13 2006 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation and published by . This book was released on 2011 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Regulatory Guide written by CQ Press, and published by CQ Press. This book was released on 2020-04-28 with total page 1145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Regulatory Directory, Eighteenth Edition continues to offer a clear path through the maze of complex federal agencies and regulations, providing to-the-point analysis of regulations. Information-packed profiles of more than 100 federal agencies and departments detail the history, structure, purpose, actions, and key contacts for every regulatory agency in the U.S. government. Now updated with an improved searching structure, the Federal Regulatory Directory continues to be the leading reference for understanding federal regulations, providing a richer, more targeted exploration than is possible by cobbling together electronic and print sources.
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Download or read book Complying with the telemarketing sales rule written by and published by . This book was released on 2004 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book H J Res 37 Disapproving the Rule Submitted by the Federal Communications Commission with Respect to Regulating the Internet and Broadband Industry Practices written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Communications and Technology and published by . This book was released on 2011 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
