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I haven't read the decision, just secondary sources, so I am probably incorrect. The reply above yours linked to:

http://recode.net/2014/01/15/whats-net-neutrality-what-happe...

Which seems to do a good job explaining it. Specifically this bit:

> It’s those rules [the Open Internet rules] that Verizon is saying the FCC had no legal authority to enact. The reason that Verizon was successful was because of the basic incongruity I described to you at the beginning — that 10 years ago, the FCC deregulated these actors. And it can’t now simultaneously pretend to regulate them.

My original comment was incorrect: I meant they can either not regulate or classify ISPs as common carriers and then regulate. Again, totally open to being correct here, this is complicated and I could totally be wrong.




> My original comment was incorrect: I meant they can either not regulate or classify ISPs as common carriers and then regulate.

That's true of the non-blocking and non-discrimination rules in the Open Internet Order, which were ruled to be equivalent to common carrier rules and thereby foreclosed so long as the FCC designated ISPs as "information services" (which cannot be treated as common carriers under the Telecommunications Act) and not "telecommunication services" (which are common carriers under the Act.)

The FCC, under the ruling, still has power to regulate broadband ISPs in other ways, and the provisions in the Open Internet Order that were not found to be equivalent to common carrier requirements (and thus incompatible with the FCC designation of ISPs as "information services") were allowed to stand.


Gotcha, that makes sense. Thanks for the explanation. So wont the FCC just recategorize ISPs as Common Carriers or...?




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