Article
On the New Administrative Law of Broadband Classification
CPI TechREG Chronicle
(2024)
Abstract
The Federal Communications Commission’s powers to classify and regulate broadband internet access service rest upon some basic precepts of administrative law. But as the Commission revisits the regulatory classification of broadband carriage, the sands of administrative law continue to shift. For example, the Supreme Court has subjected Chevron’s longstanding framework to new attacks, including by swelling the major questions doctrine. In this short Article, I consider the implications of these developments in administrative law for broadband. I begin by explaining why the major questions doctrine does not govern the classification of broadband carriage. And then I explain why, even if the Supreme Court were to upend Chevron’s framework entirely, “telecommunications service” is the correct classification for broadband carriage.
Keywords
- net neutrality,
- network neutrality,
- broadband,
- classification,
- telecommunications service,
- information service,
- major questions doctrine,
- Chevron
Disciplines
Publication Date
May, 2024
Citation Information
Tejas N. Narechania, On the New Administrative Law of Broadband Classification, CPI TechREG Chronicles (May 2024)