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Verizon Communications Inc. v. Federal Communications Commission (2014) : ウィキペディア英語版
Verizon Communications Inc. v. FCC (2014)

Verizon v. Federal Communications Commission was a 2014 U.S. Court of Appeals for the D.C. Circuit case vacating portions of the FCC Open Internet Order 2010 that the court determined could only be applied to common carriers. The court ruled that the FCC did not have the authority to impose the order in its entirety. Because the FCC had previously classified broadband providers under Title I of the Communications Act of 1934, the court ruled that the FCC had relinquished its right to regulate them like common carriers. The case was largely viewed as a loss for network neutrality supporters and a victory for the cable broadband industry. Of the three orders that make up the FCC Open Internet Order 2010, two were vacated (no blocking and no unreasonable discrimination) and one was upheld (transparency). Judge David S. Tatel wrote the opinion with Judge Judith Ann Wilson Rogers joining. Judge Laurence H. Silberman wrote a separate decision concurring in part and dissenting in part.
==Background==

At issue was whether the FCC could regulate Internet service providers with regards to network neutrality.
On June 27, 2005, in National Cable & Telecommunications Association v. Brand X Internet Services, The United States Supreme Court applying the Chevron doctrine upheld a determination by the FCC that cable Internet providers were an "information service," and not a "telecommunications service" as classified under the Telecommunications Act of 1996. BrandX had argued that the FCC must regulate cable Internet providers as common carriers under the Communications Act of 1934. BrandX lost, and this case set an important precedent with the FCC classifying cable Internet providers as "information services."
On April 6, 2010, the United States Court of Appeals for the District of Columbia held, in ''Comcast Corp. v. FCC'', that the FCC did not have ancillary jurisdiction over Comcast's Internet service under the language of the Communications Act of 1934. Since the FCC had already classified cable Internet providers as information services, the court ruled that the FCC could not censure Comcast's interference with their customer's peer-to-peer traffic.
The ''Comcast'' ruling lead the FCC to issue its FCC Open Internet Order 2010 in December 2010. On January 20, 2011, Verizon sued the FCC, arguing that the order was exceeding the FCC's authority as authorized by Congress, violated the company's constitutional rights, and created uncertainty for the communications industry.〔〔 MetroPCS also brought suit against the FCC shortly after Verizon, but dropped its suit on May 17, 2013.〔〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Verizon Communications Inc. v. FCC (2014)」の詳細全文を読む



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