On January 14, 2014, the D.C. Circuit struck down significant portions of the FCC’s Open Internet Rules, finding that the Commission had exceeded its authority in imposing anti-blocking and anti-discrimination requirements on broadband Internet service providers. Following the decision, FCC Chairman Tom Wheeler stated that the D.C. Circuit’s conclusion that the FCC does have statutory authority under section 706(a) of the Telecommunications Act of 1996 to “promote broadband deployment” leaves the FCC with sufficient authority to ensure an “open Internet” and proposed limited restrictions on Internet service providers. Chairman Wheeler also stated that he would, in the alternative, consider reclassifying broadband Internet access as a Title II telecommunications service. To complicate matters further, several Internet service providers have asserted that any attempt by the FCC to impose non-discrimination requirements would violate their First Amendment rights.
This panel will discuss the reasons for and against a ban on certain types of network discrimination, the FCC’s authority to implement non-discrimination rules, the strength of the provider’s claims that such rules would violate their First Amendment rights, and the political dimensions of this debate.
Business meeting at program conclusion.