National Cable & Telecommunications Assn. v. Brand X Internet Services

Title II of the Communications Act of 1934, 48 Stat. 1064, as amended, 47 U. S. C. § 151 et seq., subjects all providers of “telecommunications servicie]” to mandatory common-carrier regulation, § 153(44). In the order under review, the *974Federal Communications Commission concluded that cable companies that sell broadband Internet service do not provide “telecommunications servic[ej” as the Communications Act defines that term, and hence are exempt from mandatory common-carrier regulation under Title II. We must decide whether that conclusion is a lawful construction of the Communications Act…