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Consumers to Benefit from Court Decision to Uphold FCC Restoring Internet Freedom Order

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The D.C. Circuit Court of Appeals today issued a decision upholding the Federal Communications Commission’s (FCC) Restoring Internet Freedom Order, reversing rules from the previous administration that reclassified internet providers as public utilities.  

CEI research fellow Patrick Hedger said: 

“Make no mistake, this is an unambiguous win for the FCC, Chairman Pai, but most of all the American people who will continue to enjoy the fruits of Internet freedom. Broadband investment, and thus speeds and connections, are all trending up since the FCC ended the ill-advised public utility-style rules imposed by the previous administration.

“This was a unanimous decision from judges appointed by Presidents of both parties. While a qualified win for FCC and its Restoring Internet Freedom Order, the caveats imposed by the Court are beyond minor. While the Court vacated part of the Order relating to preemption, the Court makes clear that FCC still has the ability to preempt state and local laws. Some will try to spin this as the Court shutting the door on preemption, and that couldn’t be further from the case. The Court has simply instructed the FCC to beef-up its arguments in certain, narrow areas and go the long way on preemption. In short, the core objectives of the Restoring Internet Freedom Order remain perfectly intact.”

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