Re:The Repeal of Net Neutrality Is Official
by boomboomsubban on Monday June 11, 2018 @04:46PM
(#17288428)
The Telecommunications Act that gives them any authority on the matter at all essentially created an exception to label broadband as Title I. In 05 the Supreme Court ruled this distinction to be legal, and as far as I know there has not been a high court upholding the FCC's reclassification. So yes, if they classify it as Title II they have the authority, but it's unclear if they are allowed to classify it such, and if they are can they change it back to Title I.
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Re:The Repeal of Net Neutrality Is Official
by pseudalopex on Monday June 11, 2018 @06:50PM
(#17289308)
The DC Circuit upheld the 2015 order and denied review, citing the 2005 Supreme Court precedent. The main argument against it is that switching to Title I and fundamentally reshaping the home broadband market wasn't a major policy change, but bringing back Title II and enforcing long-standing principles was.
The challenges to the 2017 reclassification are about whether the FCC justified the change and followed the required procedures, not whether it has the authority.