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Title II Not Necessary to Protect Consumers, AEI Scholar Says

The FCC could get rid of Title II regulation and still protect consumers, said American Enterprise Institute Adjunct Scholar Bronwyn Howell in a Monday blog post. “While there may still sometimes be a need to regulate the provision of broadband,…

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it appears that it is better addressed as a matter of constraining market power, rather than relying on common carriage provisions to constrain the activities of broadband providers,” Howell said. “And, after all, it is the explicit no-blocking terms of the 2015 Open Internet Order and not the common carrier obligations under Title II that actually bind a broadband provider to deliver all traffic requested by and sent to an end consumer.”