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On the New Administrative Law of Broadband Classification

BY | May 27, 2024

The Federal Communications Commission’s powers to classify and regulate broadband internet access service rest upon some basic precepts of administrative law. But as the Commission revisits the regulatory classification of…

The Federal Communications Commission’s powers to classify and regulate broadband internet access service rest upon some basic precepts of administrative law. But as the Commission revisits the regulatory classification of broadband carriage, the sands of administrative law continue to shift. For example, the Supreme Court has subjected Chevron’s longstanding framework to new attacks, including by swelling the major questions doctrine. In this short Article, I consider the implications of t

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