Author Archives: Daniel Deacon

FCC Loses “Muni Broadband” Appeal

by Daniel Deacon — Thursday, Aug. 11, 2016

Back in February 2015, in the same meeting at which the FCC reclassified broadband providers as Title II common carriers, the Commission also approved an order preempting certain state laws restricting municipal broadband providers.  In June, the D.C. Circuit upheld the Commission’s Title II reclassification.  Yesterday, the Sixth Circuit vacated the muni broadband order. A […]

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The Net Neutrality Case as a Battle Site over “Libertarian Administrative Law”

by Daniel Deacon — Saturday, June 18, 2016

I wanted to follow up on Aaron Nielson’s great post about the D.C. Circuit’s long-awaited net neutrality opinion with a couple of related thoughts. (I saw, as I was writing this post, that Professor Daniel Lyons also has a post up on the Volokh Conspiracy touching on similar points.) For one, it’s interesting how Judge […]

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The FCC’s Upcoming Privacy Rules and the Fragmentation of Internet Regulation

by Daniel Deacon — Wednesday, Mar. 16, 2016

Last week, the Federal Communications Commission announced that it would soon release an NPRM on consumer privacy. According to the Commission’s “fact sheet,” the Notice will propose a number of requirements on broadband Internet Service Providers, including an obligation not to share customer information with non-affiliated services without first obtaining the customer’s express consent. I […]

That Other Basis for FCC Jurisdiction over the Internet

by Daniel Deacon — Wednesday, July 8, 2015

As Chris Walker noted recently on Twitter, the latest issue of the Administrative Law Review was kind to Notice and Comment bloggers. My own contribution has to do with a new basis for the FCC’s jurisdiction over Internet Protocol-based networks and services. And that basis is not Title II of the Communications Act, which has […]

Some Thoughts on FCC Merger Review Occasioned by the Demise of the Comcast-Time Warner Cable Deal

by Daniel Deacon — Wednesday, Apr. 29, 2015

In non-net neutrality telecom news, last week saw the announcement that Comcast has ended its $45 billion bid for Time Warner Cable. The announcement came after government officials met with Comcast executives and expressed their opposition to the merger. For their part, FCC staff members were reportedly prepared to refer the merger to an FCC […]

The FCC’s Title II Reclassification: The Lawsuits Are Here!

by Daniel Deacon — Thursday, Apr. 23, 2015

Now that the FCC’s Open Internet/Title II Reclassification Order has finally arrived (along with the inevitable lawsuits), I thought I would do a brief addendum to my prior post on the various legal challenges confronting the FCC’s plan. (For Gus Hurwitz’s response to that post, and my reply, see here and here.) One thing my prior […]

Title II Reclassification: A Reply to Gus Hurwitz

by Daniel Deacon — Monday, Feb. 16, 2015

It’s nice to have a level-headed debate on the legal arguments at play in the FCC’s upcoming reclassification of broadband ISPs, an issue that often generates more heat than light. And for what it’s worth, I think Gus Hurwitz and I agree on a lot. In particular, I agree with him that a skeptical court […]

Title II Reclassification: A Legal Primer

by Daniel Deacon — Monday, Feb. 9, 2015

It’s an exciting time for communications law. Later this month, the FCC is expected to reclassify broadband ISPs like Comcast and Verizon as “telecommunications carriers” subject to the requirements contained in Title II of the federal Communications Act. This action follows on the heels of President Obama’s November plea for reclassification. Supporters of the FCC’s […]