“If at first you don’t succeed, try, try again” could be the motto of the Federal Communications Commission when it comes to net neutrality. Twice before, the U.S. Court of Appeals for the D.C. Circuit struck down the commission’s rules barring Internet service providers from discriminating against or blocking network traffic, most recently in January in Verizon v. FCC.
Now the agency is taking another shot. This time, however, it’s threatening to bring out the big guns — “nuclear” is how some lawyers put it — and reclassifying broadband as a telecommunications service, subject to heavy, monopoly-era regulation.
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