Regulatory classification

On May 6, 2010, FCC Chairman Julius Genachowski announced that the Commission would soon launch a public process seeking comment on the options for a legal framwork for regulating broadband services.

The Case for Modern Net Neutrality Legislation

Broadband companies have long practiced net neutrality and do not block, throttle, or unfairly prioritize content. We support legislation that codifies into law open internet protections across consumers’ online experience. Only modern net neutrality rules can deliver the full protections all consumers deserve. This requires modern rules that apply not only to broadband, but also to online commerce, search, social media and other areas where significant real-world neutrality concerns have emerged. Such key points include the following:

Why We Should Stop Worrying and Learn to Love Spectrum Windfalls

Many attempts to increase the flexibility of wireless spectrum rights meet objections that the method of reallocation will result in a windfall for corporate license holders. Far from being objectionable, however, allowing windfalls in spectrum reallocation creates virtuous incentives. Past restrictions on the supply of flexible-use rights to the spectrum have resulted in a rigid system, which is not in the public interest because the most productive uses of the spectrum change rapidly.

Republican Senators Push NTIA to Implement Infrastructure Investment and Jobs Act as Congress Intended

Sixteen Republican senators sent a letter Secretary of Commerce Gina Raimondo, calling on the department to follow congressional intent in implementing the Broadband Equity, Access, and Deployment (BEAD) Program that was created through the bipartisan infrastructure law. The Senators are seeking changes to the following areas:

Dish sets sights on high power Citizens Broadband Radio Service tests

Dish Wireless is asking the Federal Communications Commission (FCC) for permission to conduct field experiments to evaluate high power Citizens Broadband Radio Service (CBRS) operations and its impact on current operations in the band. The application is notable given that Dish was the second largest bidder in the CBRS auction in 2020 and has been lobbying for a higher power level for the band

NTIA Awards $51 Million Tribal Broadband Connectivity Program Grants to Two Alaska Native Entities

The National Telecommunications and Information Administration (NTIA) announced that it has awarded two grants as part of the Tribal Broadband Connectivity Program.

How Internet Access As A Human Right Could Impact Tech Companies

The case for internet access as a human right remains a hotly debated subject. However, in the post-pandemic world, it’s one that is becoming increasingly skewed toward the affirmative. Data Reportal reports that 63 percent of the world uses the internet daily. When internet access is a requirement of functionality in the modern world, when does it become a human right? As the world has exited the stages of lockdowns and quarantines, the internet has remained in the spotlight.

Bicameral Legislation to Reinstate Net Neutrality, Reverse Damaging Trump-Era Deregulation

Senators Edward Markey (D-MA) andRon Wyden (D-OR) along with Representative Doris Matsui (D-CA-06) introduced the Net Neutrality and Broadband Justice Act, legislation that would accurately classify broadband internet access as a telecommunications service under Title II of the Communications Act, giving the Federal Communications Commission the appropriate authority to reinstate net neutrality protections. The COVID-19 pandemic has made clear the present need to promote an accessible and just broadband future, with students having spent upwards of two years studying online, entrep

Should Grant Networks Allow High Prices?

Should higher-than-market rates be allowed on a broadband network that is being subsidized with public funding? Should an agency that awards grants or other broadband subsidies somehow insist that broadband rates are somehow tied to market rates? That’s a lot harder question to answer than you might think because the question implies that these agencies have the power to regulate or cap broadband prices in grant areas. The Ajit Pai Federal Communications Commission voluntarily gave away the right for the FCC to regulate broadband rates when it gave up Title II authority.

Biden-Harris Administration Announces $401 Million for High-Speed Internet Access in Rural Areas

The US Department of Agriculture (USDA) is investing $401 million to provide access to high-speed internet for 31,000 rural residents and businesses in 11 states, part of the Biden-Harris Administration’s commitment to investing in rural infrastructure and affordable high-speed internet for all.

Does SCOTUS EPA Case Impact Net Neutrality? Here’s Why I Say No.

For most people, the Supreme Court’s decision in West Virginia v. Environmental Protection Agency was about environmental policy and what the Environmental Protection Agency can still do to cut carbon emissions. For a smaller subset, mostly lawyers, W. VA v. EPA was an important (but confusing) administrative law case what we will spend a bunch of time arguing about how to apply to agencies generally.