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October 1, 2019judicialnet neutralitytitle i reclassificationstate preemptionjudicialinternet regulation

D.C. Circuit upholds 2017 net neutrality repeal, rejects FCC state preemption directive

The U.S. Court of Appeals for the District of Columbia Circuit largely upholds the FCC's 2017 Restoring Internet Freedom Order, finding the agency reasonably reclassified broadband as an information service under Title I and that the transparency framework is a reasonable substitute for Title II common carrier regulation. However, the court vacates the preemption directive that would have barred states from adopting their own net neutrality rules stricter than federal requirements. The panel holds the FCC cannot prevent states from imposing "more stringent" requirements. The ruling leaves open the possibility of state-level net neutrality regulation, complicating the national broadband landscape.