Today's Hard|Forum Post
Today's Hard|Forum Post

Saturday October 13, 2018

FCC Tells Court It Has No "Legal Authority" to Impose Net Neutrality Rules

In response to multiple lawsuits filed by more than three dozen entities over the repeal of net neutrality, the FCC has begun its defense by telling the court "it has no authority to keep the net neutrality rules in place." The agency is arguing that broadband is not a telecommunications service, but an information service, which is not subject to common carrier regulations such as net neutrality rules.

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Broadband is an information service in part because it "inextricably intertwines high-speed transmission with the information processing capabilities provided by Domain Name Service (DNS) and caching," the FCC said. "Broadband providers do not make a stand-alone offering of telecommunications," the FCC also said. "Broadband providers generally market and provide information processing capabilities and transmission together as a single service, and consumers perceive that service to include more than mere transmission."