DWT ADVISORY: FCC Issues Notice of Inquiry to Reassert Regulatory Authority over Broadband Internet Access Service

By Chris Savage and Paul Hudson.The Federal Communications Commission (FCC) today adopted its widely anticipated Notice of Inquiry in response to the D.C. Circuit’s ruling in the Comcast case, which held the FCC had not justified its assertion of “ancillary” authority over broadband Internet access network management practices. (Our alert regarding the Comcast ruling is available here). The Notice seeks comment on three ways to re-establish authority over broadband, including Chairman Julius Genachowski’s “Third Way” proposal to treat “wired broadband Internet connectivity” as a telecommunications service under Title II of the Communications Act, then forbear from applying some of the specific obligations that would arise from that status. (Our Broadband Law Advisor piece on the Chairman’s proposal is available here, and an opinion on the Chairman’s proposal is available here).(Continue reading)For more information, please contact Chris Savage or Paul Hudson.