The Hill News

One of the issues that will bridge the 111th and 112th Congress’ is the proposal by Federal Communications Commission (FCC) Chairman Julius Genachowski to reclassify the Internet as a Title II “telecommunications service” from its present status as a Title I “information service.”

In an opinion I wrote on behalf of Broadband for America, I pointed out that “as a legal matter the language of the statutes enacted by Congress, the unbroken line of previous FCC decisions and the reasoning of the Supreme Court’s Brand X decision” make reclassification “unlikely to survive judicial scrutiny.”

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