The Federal Communications Commission (“FCC”) opened a new docketed proceeding (GN Docket No. 14-28) in which to consider industry and public comments on how it should proceed in light of the D.C. Court of Appeals decision in Verizon v. FCC, where the court struck down the “blocking” and “unreasonable discrimination” provisions of the Open Internet Rules (better known as “Net Neutrality” rules).  In its opinion, the D.C. Circuit affirmed the FCC’s authority to regulated broadband Internet access service and upheld the transparency rule, but vacated the no-blocking and no-unreasonable-discrimination rules as impermissible common carrier regulation of an information service.  The Court remanded the Open Internet Order to the FCC for further proceedings, consistent with its opinion.  Accordingly, the FCC established GN Docket No. 14-28 in which to consider the Court’s decision and what actions the FCC should take, consistent with its authority under Section 706 of the Communications Act, and all other available sources of legal authority.

The FCC welcomes comments from all interested parties and states that “Comments filed within the next thirty (30) days will be especially helpful.”

If you are interested in filing comments in GN Docket No. 14-28, please contact Jonathan S. Marashlian at jsm@commlawgroup.com.