Net neutrality legislation unveiled by Republicans today would gut the ability of the Federal Communications Commission to regulate the broadband industry.
As expected, the bill forbids the FCC from reclassifying broadband as a common carrier service, preventing the commission from using authority it has under Title II of the Communications Act of 1934. This is the statute the FCC uses to regulate landline telephone providers.
The bill—full text here—also targets a portion of the Telecommunications Act of 1996. Section 706 of the Act instructs the FCC to accelerate deployment of broadband to all Americans “by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.” The FCC is considering using this authority to preempt state laws that limit the rights of cities and towns to build broadband networks.
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