Restoring FCC Authority to Make Broadband Policy: A Way Forward After Comcast v. FCC

This report outlines the legal case for the Federal Communications Commission to restore its authority over broadband by reclassifying it under Title II of the Communications Act.

The paper argues that this is the most reasonable and legally sound way for the FCC to move forward in the wake of the Comcast v. FCC case, in which the U.S. Court of Appeals for the D.C. Circuit cast doubt upon the FCC's authority over broadband under Title I of the Communications Act. The paper questions claims that the agency could restore its authority under Title I. It also argues that waiting for congressional action would cause the United States to fall further behind the rest of the world in broadband quality and adoption. Unless it reclassifies broadband, the FCC's ability to extend broadband access to rural and low-income communities, to protect the Internet from phone and cable companies seeking to construct toll roads online, and to ensure that the United States remains at the forefront of technology and innovation is in jeopardy. If the Commission proceeds under Title I, its authority to achieve these goals will be challenged in court under a legal framework that has already been questioned.