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Net Neutrality can be a dangerous play

At its core, network neutrality is a struggle to see which, if any, federal agency has the legal authority to regulate the Internet. In the worst possible way, the Federal Communications Commission would like to be that federal agency. But this might be the worst possible outcome for consumers.

For more than a decade in countless decisions, the FCC has repeatedly held that broadband is not subject to the same costly and punishing common carriage regulations that the FCC imposes on telephone companies. Courts have consistently upheld those decisions.

Over the past four years, the FCC has yet to convince even one court that it lawfully can have broad network neutrality rules. It has lost twice. Most recently in January 2014, a federal court said that the FCC cannot use backdoor methods to impose burdensome common carriage regulation on broadband providers. The FCC is considering how to respond to the court.

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Source: Forbes

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