You are here

Net Neutrality

More Legal Trouble for FCC’s Open Internet Order & Net Neutrality -- Part 29 FCC Open Internet Order Series

The D.C. Circuit Court of Appeals 3-0 decision to overturn the FCC in Comcast v. FCC/Tennis Channel spells more trouble for the ultimate legality of the FCC’s Open Internet Order. That decision spotlights that three additional D.C. Circuit Appeals Court’s judges do not agree with the FCC’s reading of the law and the facts concerning lawful network discrimination.

On the margin, this new decision should make Verizon more confident and the FCC less confident in the outcome of Verizon v. FCC.

Overall, I believe Verizon remains more likely than not to prevail in its challenge of the FCC net neutrality regulations in the FCC’s Open Internet Order, because Verizon only needs to prevail with one of its many strong arguments while the FCC must win on all of them.

How is this latest D.C. Circuit decision relevant to the FCC Open Internet order case?

Little Impact on FCC Open Internet Order Appeal from SCOTUS Chevron Decision -- Part 28 FCC Open Internet Order Series

What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?

I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.

If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.

America's private video market success -- My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "America's private video market success" here.

  • It debunks Free Press' diatribe against cable to try and promote net neutrality regulation and a ban on usage-based broadband pricing.
  • It is Part 16 of my broadband Internet pricing freedom research series.  

* * * * *
Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

Wireless Plan Innovation Benefits Consumers & Competition -- Part 15 Broadband Internet Pricing Freedom Series

Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.

  • It debunks net neutrality criticism of a reported potential ESPN-wireless pricing experiment.
  • It is also Part 15 of my Broadband Internet Pricing Freedom research series.

* * * * *

Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

What is The Code War?

Ever wonder why there are so many never ending tech policy and political battles?

Why there are so many recurring:

  • Content battles over copyright and anti-piracy enforcement?
  • Software battles over open source versus proprietary software and the legitimacy of software patents?
  • Broadband battles over net neutrality, data caps, and spectrum allocations?
  • General battles over online privacy, surveillance, cybersecurity, and hacking?

Ever wonder why so many of the same people and entities are involved in the same tech policy and political battles over and over again?

The answer is it is an ideological struggle, but not the 20th century kind with which most people are familiar, for example like progressive vs. conservative, or republican vs. democrat. This is a new and different kind of ideological struggle between realspace and cyberspace that is unique to the 21st century and to the Internet Age.

Will the New FCC Chair be a Modernist or a Nostalgist? -- My Daily Caller Op-ed -- Part 4 of Modernization Consensus Series

Please read my latest Daily Caller Op-ed: "Will the New FCC Chair Be a Modernist or Nostalgist?" -- here.

  • It's Part 4 of my Modernization Consensus Research Series. 


* * * * *

Modernization Consensus Series

(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)

Why IP Interconnection Would Break the Internet -- My Daily Caller Op-ed -- Part 18 Obsolete Communications Law Series

Please don't miss my new Daily Caller op-ed: "Why IP Interconnection Would Break the Internet" -- here.

  • It is a must read for anyone interested in the IP transition and the FCC.

 * * * * *

Obsolete Communications Law Research Series:


Don't miss Litan-Singer book: The Need for Speed

Kudos to Robert Litan and Hal Singer for the clarity-of-thought and free market policy wisdom in their new book: “The Need for Speed: A New Framework for Telecommunications Policy for the 21st Century.” Here is the link to the book at Amazon.

Oops! Professor Crawford’s Model Broadband Nation, Korea, Doesn’t Support Net Neutrality & Favors Market Concentration

As Professor Crawford continues her book tour advocating for a broadband utopia of an ultra-fast, government-subsidized, public-utility-regulated, broadband network with net neutrality, the supposed-facts undergirding her proposal, are crumbling away.


Q&A One Pager Debunking Net Neutrality Myths