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FCC Can Not Enforce Net Neutrality – What Happens Next?

Tuesday, April 06, 2010 by Bryan Anderson

The internet may be buzzing about iPad-consumer interaction videos, but the FCC and net neutrality activists are sure at a loss (for words). Today, the US Court has sided with Comcast in a ruling that states the FCC does not have authority to impose regulations on internet service providers.

Engadget.com gives a good situation overview: the FCC ordered Comcast to stop filtering Bittorrent back in 2008, at which point Comcast filed a suit saying the FCC didn't have authority to intervene. The ruling today claims there's no specific law that gives authority to the FCC for internet regulation. The FCC made a case for using its "ancillary powers," allowing them to perform actions required to fulfill their role, but the Court ruled this was not good enough.

According to the Wasington Post, this also sparks questions on how the agency will respond. Public interest groups are suggesting the FCC move services into a regulatory regime, establishing clear agency control. 

More importantly, they claim this "unleashes a broader debate over the agency's ability to regulate broadband service providers such as AT&T, Comcast and Verizon Communications."

There have certainly been many voices speaking out on the latest ruling. Here are some point of views and more information:

  • Gizmodo.com - "The doomsday scenario without net neutrality is pretty ugly. At bare minimum, it means that the FCC can't tell ISPs not to favor or discriminate against one service or kind of traffic over another. For instance, totally hypothetically, now that Comcast, via its NBC shares, owns a chunk of Hulu, it could give network priority to Hulu over Netflix Watch Instantly streaming. "
  • Computerworld.com - Gigi Sohn, president of Public Knowledge, a digital rights group that complained to the FCC about Comcast's traffic throttling: "Today's appeals court decision means there are no protections in the law for consumers' broadband services. Companies selling Internet access are free to play favorites with content on their networks, to throttle certain applications or simply to block others."
  • CRN.com - FCC spokesperson Jen Howard : "Today's court decision invalidated the prior Commission's approach to preserving an open Internet, but the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end."

 

 

 

What's your opinion regarding net neutrality? Is this as big of a deal as public figures are making it? Will this stall the Broadband Plan that Obama has laid out (and we discussed)?

Give us your thoughts - leave a comment!

 

Until next time -

Matthew Hymel

 

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