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FCC Open Internet rule scores DC Appeals Court victory

The US Court of Appeals for the District of Columbia upholds FCC Open Internet rules, scoring major victory for government agency

The Federal Communications Commission scored a significant victory in its attempt to regulate internet access, with the United States Court of Appeals for the District of Columbia upholding the FCC’s Open Internet rules.
The FCC’s controversial Open Internet rules were adopted early last year and went into effect last June, with the government agency claiming the move was designed to “protect free expression and innovation on the Internet and promote investment in the nation’s broadband networks. The Open Internet rules are grounded in the strongest possible legal foundation … As part of this decision, the [FCC] also refrains (or forbears) from enforcing provisions of Title II that are not relevant to modern broadband service.”
Opponents filed a lawsuit against the move, stating the FCC did not have the authority to regulate internet access. Initial opponents included some telecom operators, with Verizon Communications as one of the more vocal opponents, claiming the move would impact its long-term investment into broadband networks. However, moods appeared to turn over the past several months as some telecom operators threw their support behind the measure, while even Verizon Communications attempted to curate its own view on how it planned to abide by the ruling.
“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,” said FCC Chairman Tom Wheeler in a statement on today’s ruling. “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.”
In terms of cellular internet access, the Open Internet rule has wording allowing for carriers to protect the integrity of their networks from usage abuse, which is seen as crucial for capacity-challenged networks.
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