Tuesday 14 June 2016

UNITED STATES TELECOM ASSOCIATION, ET AL. v. FEDERAL COMMUNICATIONS COMMISSION

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued December 4, 2015 Decided June 14, 2016 No. 15-1063
UNITED STATES TELECOM ASSOCIATION, ET AL.,PETITIONERS v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS
"Called “one of the most significant technological advancements of the 20th century,” [Senate Committee on Commerce, Science and Transportation, Report on Online Personal Privacy Act, Sen. Rep. No. 107-240, at 7 (2002)], the internet has four major participants: end users, broadband
providers, backbone networks, and edge providers.
Most end users connect to the internet through a broadband provider, which delivers high-speed internet access using technologies such as cable modem service, digital subscriber line (DSL) service, and fiber optics. See In re Protecting and Promoting the Open Internet (“2015 Open Internet Order” or “the Order”), 30 FCC Rcd. 5601, 5682–83 ¶ 188, 5751 ¶ 346.
Broadband providers interconnect with backbone networks— “long-haul fiber-optic links and high-speed routers capable of transmitting vast amounts of data.” Verizon, 740 F.3d at 628 (citing In re Verizon Communications Inc. and MCI, Inc. Applications for Approval of Transfer of Control, 20 FCC Rcd. 18,433, 18,493 ¶ 110 (2005)).
Edge providers, like Netflix, Google, and Amazon, “provide content, services, and applications over the Internet.” Id. at 629 (citing In re Preserving the Open Internet (“2010 Open Internet Order”), 25 FCC Rcd. 17,905, 17,910 ¶ 13 (2010))."

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