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08/03/2016

Cable ISPs Tackle Title II Again

The National Cable & Telecommunications Association and the American Cable Association have teamed up to petition the full (en banc) U.S. Court of Appeals for the D.C. circuit to review a three-judge panel decision last month upholding the FCC's reclassification of ISPs as Title II common carriers.

There was no joy in Mudville, as it were, at the prospect of having to continue the years-long legal fight.

"We don’t celebrate this petition," NCTA blogged of the joint filing (https://www.ncta.com/platform/public-policy/why-we-filed-for-en-banc-rev...), "but we believe this action is necessary to correct unlawful action by the FCC." They argue the FCC "eviscerated" procedural safeguards under the Administrative Procedure Act (APA) and abandoned settled policy in a game of regulatory 'bait and switch.'

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