Editor's note.

• Author: Erber, Andrew

Welcome to the third Issue of Volume 66 of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Communications Bar Association.

The centerpiece of this Issue is a series of four essays on the D.C. Circuit's decision in Verizon v. FCC, which struck down the core provisions of the Commission's 2010 Open Internet Order. The court's holding in that case has prompted vigorous discussion over the past year on the scope of the Commission's authority to adopt rules promoting the Open Internet and the policy consequences of doing so. In this Issue, five distinguished telecommunications experts contribute essays which variously evaluate the Verizon court's legal analysis of the Commission's authority, suggest novel regulatory solutions to challenges facing the Open Internet, and weigh the costs and benefits of regulating last-mile broadband services.

The series begins with an essay by Christopher Yoo, the Founding Director of the Center for Technology, Innovation and Competition and a Professor of Law at the University of Pennsylvania Law School. Prof. Yoo writes to question the propriety of an expansive reading of the Commission's section 706 authority. He articulates meaningful limits on this authority by drawing on precedent relating to section 4(i) ancillary jurisdiction and cautions policymakers against wholesale reclassification of broadband Internet access services.

Next in the Open Internet series is an essay co-authored by Tim Wu, a Professor of Law at Columbia Law School, and Tejas Narechania, the Julius Silver Research Fellow, also from Columbia Law School. In their thought-provoking essay, Prof. Wu and Mr. Narechania evaluate the Commission's authority for regulating broadband Internet access services under Title II of the Communications Act. They describe two potential paths forward for the Commission, one involving the classification of a new "sender-side" telecommunications service that would regulate response transmissions from edge providers, and the other contemplating wholesale reclassification of broadband Internet access service as a telecommunications service under Title II.

The series continues with a contribution from James Speta, Professor of Law at Northwestern University Law School. Pivoting the discussion to a focus on competitive harm, Prof. Speta argues that the Commission should adopt rules based on antitrust principles that would forbid...