The latest episode in the long-running “Net Neutrality” (NN) series was recently released for our binge-viewing pleasure. The D.C. Circuit Court of Appeals authored its fourth script in this highly watched and controversial series.1 In Mozilla v. FCC, the court largely upheld the Federal Communications Commission’s (FCC or Commission) “Restoring Internet Freedom Order” (RIFO or 2018 Order) of 20182 with four exceptions. The court upheld the classification of broadband internet access service (BIAS) as an “information service” under Title I3 but remanded on three discrete issues and vacated the FCC’s Preemption Directive. The likely “net” effect of this Opinion will be to prolong this series for one or more viewing seasons at regulatory, judicial, and legislative theatres (or streaming services) near you.
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