> The classification of broadband as an "information service" and not a "telecommunications service" has been shown to be valid in a 2005 Supreme Court case.
The classification of cable modem service in the specific factual context surrounding the way it was found by the court to be provided, used, and perceived by users at the time as an “information service” by the FCC was upheld in NCTA v. Brand X as sufficiently well-supported by factual evidence referenced in the FCC docket supporting the classification to be allowed to stand given the usual deference due administrative decisions.
The factual circumstances have changed since 2005, the rulemaking record is different, and, the Supreme Court has several new justices, at least one of whom (Neil Gorsuch) has a past judicial record suggesting a much more narrow view of Chevron deference to start with.
I don't understand your point. The current law isn't clear enough, and should have been amended a long time ago to make this a non issue. That this case might work isn't the point, this case shouldn't be necessary.
The classification of cable modem service in the specific factual context surrounding the way it was found by the court to be provided, used, and perceived by users at the time as an “information service” by the FCC was upheld in NCTA v. Brand X as sufficiently well-supported by factual evidence referenced in the FCC docket supporting the classification to be allowed to stand given the usual deference due administrative decisions.
The factual circumstances have changed since 2005, the rulemaking record is different, and, the Supreme Court has several new justices, at least one of whom (Neil Gorsuch) has a past judicial record suggesting a much more narrow view of Chevron deference to start with.