January 26, 2014

Jenner & Block Partner Samuel L. Feder spoke on a panel addressing net neutrality at a Practicing Law Institute seminar on broadband and cable law held in New York on January 26.  He is quoted extensively in a TR Daily article covering the panel.  The article discusses the possibility that the FCC might attempt to reclaim net neutrality authority recently struck down by the D.C. Circuit by reclassifying broadband services as telecommunications services under the 1934 Communications Act.  Sam said that under the Supreme Court’s “Brand X” ruling, “I think the FCC would get a lot of deference” to reclassify the services.  “To me, that would satisfy all their problems were it not for the politics of it, and the bad policy that would follow.”  Sam also argued against reclassification as a practical matter, saying, “reclassification would mean that the FCC would be engaged in a war for many years to come, and wouldn’t be able to accomplish the other things that Chairman Wheeler wants to accomplish.”  Article available to subscribers.