Must read: PFF Esbin’s analysis of FCC’s very tough path to legally justify Title II for broadband

April 14, 2010

Barbara Esbin’s PFF post on “Broadband-reclassification of broadband Internet access service: No slam dunk,” is a must read for anyone interested in really understanding the legal outlook for the FCC asserting authority to deem broadband a regulated common carrier service.

Barbara brings tremendous clarity of thought to this issue and cuts like a razor to the essence of the FCC’s very steep challenge:

  • That “the FCC has never treated Internet service providers as common carriers;
  • That is not reasonable to “apply unchanged law to unchanged facts and reach a different outcome;” and
  • That the FCC does not have “the authority to force common carrier status on non-carriers.”



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