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Judges Appear Skeptical of Fifth Circuit Decision Tossing AT&T Fine

Broadband Breakfast

If judges in the Verizon or T-Mobile cases rule the opposite way, the issue would likely end up before the Supreme Court. They say the law only governs data the companies have solely as a result of providing common carrier voice services, and not data they could also have as a result of providing data services.

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Major Questions Does Not Apply to Net Neutrality: FCC

Broadband Breakfast

WASHINGTON, September 12, 2024 –  Broadband is straightforwardly a telecommunications service subject to common carrier regulation, the Federal Communications Commission told federal judges Wednesday.

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1996 Telecom Act affords FCC clear, unambiguous authority for Title II rulemaking

EldoTelecom

They hope to convince the courts the FCC lacked authority to issue the rulemaking classifying Internet protocol-based services -- advanced telecommunications – as a common carrier telecom utility service under Title II of the Communications Act. That’s a pretty clear and unambiguous grant of authority for the FCC’s rulemaking.

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Judges Probe FCC’s $92 Million Fine Against T-Mobile

Broadband Breakfast

WASHINGTON, March 24, 2025 – Judges questioned lawyers for both T-Mobile and the Federal Communications Commission Monday on whether the agency’s penalty process was upended by a recent Supreme Court decision that found a separate agency couldn’t collect fines without a jury trial. 

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FCC Urges Judges Not to Follow Fifth Circuit in Striking Down Fines

Broadband Breakfast

WASHINGTON, April 28, 2025 – After the Fifth Circuit invalidated a $57 million penalty against AT&T, the Federal Communications Commission is urging other courts not to toss nearly $140 million in fines against Verizon and T-Mobile. Jarkesy , which found the same was true of the Securities and Exchange Commission.

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Remarkably Bad Consumer Protection at the FCC

Telefrieden

Bear in mind that the FCC, not the Federal Trade Commission, has consumer protection jurisdiction for so-called Title II regulated common carriers, including ventures offering pre-paid and post-paid wireless service. Common sense would suggest that a 3-4 year old phone, worth no more than $75, surely could pass the paid for threshold.

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If Trump Won, What Would Carr Do as FCC Chairman?

Broadband Breakfast

  The former aimed to reclassify broadband providers as common carriers under the Communications Act, and the latter prevented ISP business practices that result in gaps in broadband access for low-income people and racial minorities. He has made clear in public statements, though, that he opposes them.

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