The US Court of Appeals for DC vacated key parts of the FCC’s Open Internet order, specifically anti-blocking and anti-discrimination rules, saying the Commission failed to establish that the regs do not impose per se common carrier obligations.
The court rejected Verizon’s challenge of the order’s disclosure rules. It remanded the case to the FCC for further proceedings.
The order was adopted by the FCC in Dec 2010. Among other things, it prevents ISPs from blocking or degrading traffic based on the source. Verizon challenged the rules, although cable did not. NCTA was actually part of the discussions leading to the rules, calling them a compromise.