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December 21, 2010
Internet regulation faces hurdles


The Federal Communications Commission acted to regulate the Internet by a partisan 3-2 vote. Senate Republican Leader Mitch McConnell warned that there will be pushback.

Meanwhile, the courts get another chance to jurisdictional limits on the FCC. Legally, the agency is on shaky ground. The U.S. Court of Appeals for the D.C. Circuit recently ruled that there are significant limitations on the agency's jurisdiction to regulate broadband services.

Rumors indicate the commission is planning to assert jurisdiction on the basis of somewhat obscure statutory provisions which predate the Internet as we know it, and that were drafted for unrelated purposes.

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