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Video: Why FCC Title II Reclassification of Broadband is a Legal Non-Starter – Part 6 of Title II Reclassification Series

Expect net neutrality proponents to pressure the FCC to reclassify broadband as a Title II common carrier telephone service, if as many expect, the D.C. Appeals Court overturns much, or possibly all, of the FCC’s Open Internet Order in the coming months.

Observers of the September 9th oral argument heard Judges Tatel and Silberman strongly question the legality of applying common carrier-like regulation to an unregulated information service.

If you want to know why it would be a legal non-starter for the FCC to then completely reverse course and try to reclassify broadband as Title II common carrier service, please listen to my video explanation, starting at 7:52. (The written version of my argument is part 5 of this post.)

Those who imagine that it would be legal for the FCC to reclassify broadband as a common carrier service; they have not thought it through fully.

Thanks again to Mike Wendy of Media Freedom for the video.


Title II Reclassification Series

Part 1: FCC Reclassification is Eminent Domain, but with No Just Compensation or Authority [2-1-10]

Part 2: Title II reclassification: FCC can't redefine competition & not be arbitrary/capricious [3-4-10]

Part 3: Title II is no "solid legal foundation" for broadband [4-28-10]

Part 4: Why FCC faces such skepticism on Title II assurances [5-14-10]

Part 5: 5 BIG Implications from Court Signals on Net Neutrality – A Special Report [9-13-13]