TY - JOUR
T1 - Harlem Shake Meets the Chevron Two Step: Net Neutrality following Mozilla v. FCC
AU - Terry, Christopher R
AU - Memmel, Scott K
PY - 2020
Y1 - 2020
N2 - In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out of court since the FCC’s 2005 Policy Statement before exploring the decision in Mozilla. The Article then argues that the continuing uncertainty over net neutrality regulation should be resolved by Congress.
AB - In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out of court since the FCC’s 2005 Policy Statement before exploring the decision in Mozilla. The Article then argues that the continuing uncertainty over net neutrality regulation should be resolved by Congress.
M3 - Article
SP - 160
JO - Washington Journal of Law, Technology & Arts
JF - Washington Journal of Law, Technology & Arts
ER -