Kenneth T. Cuccinelli, II , Attorney General, Office of the Attorney General for the Commonwealth of Virginia, E. Duncan Getchell, Jr. , Solicitor General, and Wesley G. Russell, Jr. , Deputy Attorney General, were on the brief for amici curiae The Commonwealth of Virginia, et al. in support of appellant/petitioner.
Andrew Jay Schwartzman was on the brief for amicus curiae Tim Wu in support of appellee/respondent.
John Blevins was on the brief for amici curiae Internet Engineers and Technologists in support of appellee/respondent.
Kevin S. Bankston and Emma J. Llansó were on the brief for amici curiae The Center for Democracy and Technology, et al. in support of appellee/respondent.
Opinion concurring in part and dissenting in part filed by Senior Circuit Judge SILBERMAN.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge.
For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source — or to require, as it is popularly known, "net neutrality." In Comcast Corp. v. FCC,600 F.3d 642 (D.C.Cir.2010), we held that the Commission had failed to cite any statutory authority that would justify its...
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