ICLE on Section 214

ICLE was cited in a Law360 story on the Federal Communications Commission’s plan to reimpose Title II on broadband providers. You can read the full piece here.

The International Center for Law & Economics waded into the contentious debate over what regulations would apply to the service if it is reclassified as a Title II service under the Communications Act with a Friday letter that pointed toward an article written by one of the think tank’s own, calling the foreign ownership rules a “trojan horse.” Title II of the act governs telecommunications services. Currently, broadband is regulated as an information service under Title I of the law and is subject to less regulation.

…But according to the think tank, applying Section 214 to broadband companies would “necessitate FCC approval for essential operational decisions, such as network upgrades or service discontinuations, thereby stifling innovation, investment, and the broader objectives of national broadband expansion.”

The think tank also highlights the argument that putting such regulation upon ISPs could “undermine public safety and network resiliency” by making it harder for companies to switch over to newer and safer technologies, since to do so might trigger burdensome regulatory oversight.

Instead, the think tank said it wanted to urge the FCC to “seek a regulatory approach that fosters innovation, investment, and the robust expansion of broadband access across the United States, without imposing unnecessary and counterproductive burdens.”