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Verizon v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit

740 F.3d 623 (2014)

Relevant factsFree

The FCC (defendant) established the Open Internet Order to promote net neutrality by requiring broadband providers to disclose network-management practices, prohibiting blocking lawful content, and prohibiting unreasonable discrimination in transmitting lawful network traffic. Verizon (plaintiff) sued, arguing the Order exceeded FCC authority under § 706 of the Telecommunications Act of 1996, which authorized the FCC to enact regulations promoting broadband-infrastructure development; the FCC argued the rules were authorized because they'd accelerate broadband development by promoting competition, while Verizon argued the regulations' costs to service providers would outweigh any user benefits and that the Order unlawfully treated providers as common carriers.

IssueFree

Whether, under Title II of the Communications Act of 1934, the Federal Communications Commission may force broadband Internet providers to act like common carriers and offer service indiscriminately and on general terms to all users.

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