FCC Reopens Title II “Third Way” Broadband Proceeding for Comment

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In conjunction with the release of revised net neutrality rules in the Open Internet Rulemaking proceeding, the FCC has reopened a 2010 inquiry proceeding entitled Framework for Broadband Internet Service that had invited comment on a broadband legal framework, including a possible “third way” approach that would apply a limited set of Title II obligations to broadband providers.  The subject of whether broadband should be reclassified as a Title II common carrier service subject to FCC regulation has been a hot topic in the net neutrality debate.  A new comment cycle mirroring the Open Internet proceeding’s cycle now has been established to allow the public to update the “Third Way” comment record in light of marketplace and legal developments over the last four years.  A copy of the “Third Way” Notice of Inquiry is available on the FCC’s website.  Comments are due by July 15, 2014 and reply comments by September 10, 2014

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