DC Court Upholds FCC Open Internet Order

 

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit has upheld the FCC‘s Open Internet Order, which was issued last March and challenged in court shortly thereafter. The full text of the decision – 184 pages’ worth – is available here.

In a statement, FCC Chairman Tom Wheeler said: “Today’s ruling is a victory for consumers and innovators who deserve unfettered access to the entire web, and it ensures the Internet remains a platform for unparalleled innovation, free expression and economic growth. After a decade of debate and legal battles, today’s ruling affirms the commission’s ability to enforce the strongest possible Internet protections – both on fixed and mobile networks – that will ensure the Internet remains open, now and in the future.”

FCC Commissioner Ajit Pai disagreed. In a statement, he said, in part: “I am deeply disappointed by the D.C. Circuit’s 2-1 decision upholding the FCC’s Internet regulations. For many of the reasons set forth in Judge Williams’ [presiding judge on the case in the DC Circuit] compelling dissent, I continue to believe that these regulations are unlawful, and I hope that the parties challenging them will continue the legal fight. The FCC’s regulations are unnecessary and counterproductive.”

In his dissent, Judge Williams wrote, in part: “The ultimate irony of the commission’s unreasoned patchwork is that, refusing to inquire into competitive conditions, it shunts broadband service onto the legal track suited to natural monopolies. Because that track provides little economic space for new firms seeking market entry or relatively small firms seeking expansion through innovations in business models or in technology, the Commission’s decision has a decent chance of bringing about the conditions under which some (but by no means all) of its actions could be grounded – the prevalence of incurable monopoly.”

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About Mark Milliman

Mark Milliman is a Principal Consultant at Inphotonics Research driving the adoption and assisting local governments to plan, build, operate, and lease access open-access municipal broadband networks. Additionally, he works with entrepreneurs and venture capitalists to increase the value of their intellectual capital through the creation of strategic product plans and execution of innovative marketing strategies. With more than 22 years of experience in the telecommunications industry that began at AT&T Bell Laboratories, Mark has built fiber, cable, and wireless networks around the world to deliver voice, video, and data services. His thorough knowledge of all aspects of service delivery from content creation to the design, operation, and management of the network is utilized by carriers and equipment manufacturers. Mark conceived and developed one of the industry’s first multi-service provisioning platform and is multiple patent holder. He is active in the IEEE as a senior member. Mark received his B.S. in Electrical Engineering from Iowa State University and M.S. in Electrical Engineering from Carnegie Mellon University.

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