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Comcast Corp. V. FCC
''Comcast Corp. v. FCC'', 600 F.3d 642 (D.C. Cir., 2010), is a case at the United States Court of Appeals for the District of Columbia holding that the Federal Communications Commission (FCC) does not have ancillary jurisdiction over the content delivery choices of Internet service providers, under the language of the Communications Act of 1934. In so holding, the Court vacated a 2008 order issued by the FCC that asserted jurisdiction over network management policies and censured Comcast from interfering with its subscribers' use of peer-to-peer software. The case has been regarded as an important precedent on whether the FCC can regulate network neutrality. Background In 2007, several subscribers of Comcast's high-speed Internet service discovered that Comcast was interfering with their use of peer-to-peer networking applications, particularly BitTorrent. On behalf of users, the non-profit advocacy organizations Free Press and Public Knowledge filed a complaint with the FCC and ...
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United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, a ...
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Public Knowledge
Public Knowledge is a non-profit Washington, D.C.-based public interest group. Founded in 2001 by David Bollier and Gigi Sohn, Public Knowledge is primarily involved in the fields of intellectual property law, competition and choice in the digital marketplace, and an open standards/ end-to-end internet. History Public Knowledge was founded by David Bollier and Gigi Sohn. Chris Lewis is president and CEO, and its directors include Internet Archive Director and Co-founder Brewster Kahle, University of Pennsylvania professor Kevin Werbach, and former FCC Commissioner Michael J. Copps. Public Knowledge's work focuses on the three 'IP's of communications and copyright policy: information policy, intellectual property, and Internet Protocol. The group is known for its advocacy for copyright defenses and exemptions such as fair use and against the expansion of copyright in general. For instance, in response to the FCC's attempt to mandate a broadcast flag for all digital TV tuners, P ...
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Federal Communications Commission Litigation
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts *Government of Argentina *Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments in fa ...
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Verizon Communications Inc
Verizon Communications Inc., commonly known as Verizon, is an American multinational telecommunications conglomerate and a corporate component of the Dow Jones Industrial Average. The company is headquartered at 1095 Avenue of the Americas in Midtown Manhattan, New York City, but is incorporated in Delaware. The company was formed in 1984 as Bell Atlantic as part of the break up of the Bell System into seven companies, each a Regional Bell Operating Company (RBOC), commonly referred to as "Baby Bells". Headquartered in Philadelphia, it originally had an operating area from New Jersey to Virginia. In 1997, Bell Atlantic expanded into New York and the New England states by merging with fellow Baby Bell NYNEX. While Bell Atlantic was the surviving company, the merged company moved its headquarters from Philadelphia to NYNEX's old headquarters in New York City. In 2000, Bell Atlantic acquired GTE, which operated telecommunications companies across most of the rest of the country ...
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Verizon Communications
Verizon Communications Inc., commonly known as Verizon, is an American multinational telecommunications conglomerate and a corporate component of the Dow Jones Industrial Average. The company is headquartered at 1095 Avenue of the Americas in Midtown Manhattan, New York City, but is incorporated in Delaware. The company was formed in 1984 as Bell Atlantic as part of the break up of the Bell System into seven companies, each a Regional Bell Operating Company (RBOC), commonly referred to as "Baby Bells". Headquartered in Philadelphia, it originally had an operating area from New Jersey to Virginia. In 1997, Bell Atlantic expanded into New York and the New England states by merging with fellow Baby Bell NYNEX. While Bell Atlantic was the surviving company, the merged company moved its headquarters from Philadelphia to NYNEX's old headquarters in New York City. In 2000, Bell Atlantic acquired GTE, which operated telecommunications companies across most of the rest of the countr ...
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Skype
Skype () is a proprietary telecommunications application operated by Skype Technologies, a division of Microsoft, best known for VoIP-based videotelephony, videoconferencing and voice calls. It also has instant messaging, file transfer, debit-based calls to landline and mobile telephones (over traditional telephone networks), and other features. Skype is available on various desktop, mobile, and video game console platforms. Skype was created by Niklas Zennström, Janus Friis, and four Estonian developers and first released in August 2003. In September 2005, eBay acquired Skype for $2.6 billion. In September 2009, Silver Lake, Andreessen Horowitz, and the Canada Pension Plan Investment Board bought 65% of Skype for $1.9 billion from eBay, valuing the business at $2.92 billion. In May 2011, Microsoft bought Skype for $8.5 billion and used it to replace their Windows Live Messenger. As of 2011, most of the development team and 44% of all the division' ...
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VoIP
Voice over Internet Protocol (VoIP), also called IP telephony, is a method and group of technologies for the delivery of voice communications and multimedia sessions over Internet Protocol (IP) networks, such as the Internet. The terms Internet telephony, broadband telephony, and broadband phone service specifically refer to the provisioning of communications services (voice, fax, SMS, voice-messaging) over the Internet, rather than via the public switched telephone network (PSTN), also known as plain old telephone service (POTS). Overview The steps and principles involved in originating VoIP telephone calls are similar to traditional digital telephony and involve signaling, channel setup, digitization of the analog voice signals, and encoding. Instead of being transmitted over a circuit-switched network, the digital information is packetized and transmission occurs as IP packets over a packet-switched network. They transport media streams using special media delivery protocols t ...
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Cable Internet Access
In telecommunications, cable Internet access, shortened to cable Internet, is a form of broadband Internet access which uses the same infrastructure as a cable television. Like digital subscriber line and fiber to the premises services, cable Internet access provides network edge connectivity ( last mile access) from the Internet service provider to an end user. It is integrated into the cable television infrastructure analogously to DSL which uses the existing telephone network. Cable TV networks and telecommunications networks are the two predominant forms of residential Internet access. Recently, both have seen increased competition from fiber deployments, wireless, and mobile networks. Hardware and bit rates Broadband cable Internet access requires a cable modem at the customer's premises and a cable modem termination system (CMTS) at a cable operator facility, typically a cable television headend. The two are connected via coaxial cable or a hybrid fibre-coaxial (HFC) plant ...
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FCC Open Internet Order 2010
The Federal Communications Commission Open Internet Order of 2010 is a set of regulations that move towards the establishment of the internet neutrality concept. Some opponents of net neutrality believe such internet regulation would inhibit innovation by preventing providers from capitalizing on their broadband investments and reinvesting that money into higher quality services for consumers. Supporters of net neutrality argue that the presence of content restrictions by network providers represents a threat to individual expression and the rights of the First Amendment. Open Internet strikes a balance between these two camps by creating a compromised set of regulations that treats all internet traffic in "roughly the same way". In '' Verizon v. FCC'', the Court of Appeals for the D.C. Circuit vacated portions of the order that the court determined could only be applied to common carriers. Background The United States Federal Communications Commission established four principles of ...
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Telecommunications Act Of 1996
The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996, by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of the United States Code, The act was the first significant overhaul of United States telecommunications law in more than sixty years, amending the Communications Act of 1934, and represented a major change in American telecommunication law, because it was the first time that the Internet was included in broadcasting and spectrum allotment.The Telecommunications Act of 1996. Title 3, sec. 301. Retrieved frofcc.gov (2011) The goal of the law was to "let anyone enter any communications business – to let any communications business compete in any market against any other." The legislation's primary goal was deregulation of the converging broadcasting and telecommunications markets. The law's regulatory policies have been criticized, includin ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Supplemental Jurisdiction
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. is a codification of the Supreme Court's rulings on ancillary jurisdiction ('' Owen Equipment & Erection Co. v. Kroger'', ) and pendent jurisdiction ('' United Mine Workers of America v. Gibbs'', ) and a superseding of the Court's treatment of pendent party jurisdiction (''Finley v. United States'', ). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in ''Exxon'', that distinction is no longer meaningful. Supplemental jurisdiction refers to the various ways a federal court may hear either: state law claims, claims from parties who lack the amount in controversy requirement of diversity jur ...
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