Tag Archives: telecommunications

Manhattan Community Access Corp. v. Halleck: “State Action,” Traditional Government Functions, and Government-Created Public Fora

by Bernard Bell — Friday, June 21, 2019

In a June 16, 2019 decision, Manhattan Community Access Corp. v. Halleck, 2019 WL 2493920, the Supreme Court considered whether a private entity’s act of barring two individuals from placing programming on public access channels constituted “state action.”[i]  Even by the standards of constitutional law doctrines, the “state action” doctrine is unusually complex; indeed arguably […]

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 […]

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 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 […]