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After suffering two judicial setbacks, most recently in the D.C. Circuit’s Verizon v. FCC decision in January 2014, the Federal Communications Commission adopted new net neutrality regulations and, in a sharp departure from past precedent, subjected broadband providers to public utility regulation under Title II of the Communications Act. In this article, Richard E. Wiley, Chairman of Wiley Rein LLP, and Brett Shumate, partner at Wiley Rein LLP, critique the FCC’s approach to net neutrality and suggest guiding principles for the future. Read Net Neutrality and the Rule of Law here.
