D.C. Circuit Vacates FCC’s Net Neutrality Rules

In a much-anticipated opinion, on January 14, 2014, the Court of Appeals for the D.C. Circuit, in Verizon v. Federal Communications Commission, vacated the anti-discrimination and anti-blocking rules contained in the Federal Communications Commission's (the "FCC" or "Commission") 2010 Preserving the Open Internet Order (the "Open Internet Order" or "Order"), but upheld other aspects of the Order. The oral argument in November of last year appeared to indicate some skepticism by the court about the legal underpinnings of the FCC's revised regime. Because a number of FCC policy initiatives on Internet Protocol network transition, broadband deployment and adoption, among others, depend upon a settled understanding of broadband ecosystem rights and obligations, the court's decision had been eagerly awaited. FCC Chairman Tom Wheeler has since indicated that the FCC will review all options to prohibit broadband provider conduct that reduces efficiency, competition, and