Posts Tagged ‘fcc’

Net Neutrality | Court Strikes Down FCC Actions

Net Neutrality is the idea that all legal internet traffic should be treated equally. The ability of the FCC to protect net neutrality has been struck down by a recent appeals court ruling. The question now is can the Federal government protect net neutrality, or will internet service providers be able to determine which payday loans online websites users can visit?

FCC net neutrality actions ruled illegal

Comcast Corp. v. FCC, 08-1291 was just ruled on by a federal appeals court. In 2008, the FCC slapped Comcast with a sanction when they slowed down internet service for users of peer-to-peer networks. The FCC received complaints about the slowdown, including from users that had been trying to apply to payday loans no fax websites. The FCC sanction cited unequal access in Comcast’s actions. Comcast sued the FCC with the argument that the FCC was stepping over the legal authority given it by congress. The federal appeals court ruled in favor of Comcast on April 6.

The basis of net neutrality

Net neutrality does not have a legal framework in the United States. The Federal Communications Commission does have the legal authority to regulate telecommunications services, which they refer to as “Title II” services. Broadband internet service is classified as Title I information services. No specific legislation is currently under consideration in Congress, even though new legal framework is being discussed.

The argument against net neutrality

Currently, most large-media providers are warning the FCC that reclassifying broadband service as Title II would be a “very bad idea”. Threatening years of legal challenges, providers such as Verizon, Comcast, and AT&T are speaking out very loudly against net neutrality protections. The basic argument of these service providers is that the government has no business regulating their network management. The providers claim that the federal government has no legal right to involve itself in network management.

How can the FCC take action for net neutrality?

The FCC, as well as the Federal government, puts quite a bit of stock in the concept of net neutrality. The National Broadband plan is a Federal guiding document that rests very heavily on net neutrality. There are three options for the FCC at this point. First, they can classify broadband service as a Title II service. Congress could also ask the FCC to frame net neutrality laws. Finally, the FCC can appeal the net neutrality decision handed down today to the Supreme Court.

Sources:

Computer World

Wall Street Journal