This report provides an overview of the regulatory actions leading up to and an analysis of the Supreme Court’s decision in National Cable & Telecommunications Association v. Brand X Internet Services. It also provides a discussion of the possible legal and economic implications of the Court’s decision.
In 1996, Congress enacted comprehensive reform of the nation’s statutory and regulatory framework for telecommunications by passing the Telecommunications Act, which substantially amended the 1934 Communications Act. The general objective of the 1996 Act was to open up markets to competition by removing unnecessary regulatory barriers to entry. This report discusses the history of the law and examines current issues.