Congress, Constitutional Law, Courts, Media, Politics, Society

Court: FCC Lacks Authority To Impose Net Neutrality

The Federal Communications Commission lost a major decision to Comcast when the D.C. Circuit ruled that it does not have the legal authority to slap Net neutrality regulations on Internet providers on Tuesday.

The unanimous decision, authored by Judge David Tatel, rejected the
FCC’s August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers. Comcast later voluntarily ended the measures last year.

The court found that the FCC “has failed to tie its assertion” of regulatory authority to an actual grant of authority by Congress. This will move the fight to Congress where Democrats have been fighting to pass a law giving the FCC such authority. The legislation has been stuck in committee with heavy lobbying by the industry and conservative groups.

Here is the decision: Internet decision

For the full story, click here.

8 thoughts on “Court: FCC Lacks Authority To Impose Net Neutrality”

  2. Let’s see… corporations are now people and now corporations can control the flow of information on the internet… Hmm I wonder where this could lead.

  3. Puzzling
    ” …The major barrier to competition in broadband providers is cities and town governments that sign exclusives rather than leave service open to multiple carriers. Technologies like 4g, WiMax and FIOS are helping pricing and access despite government meddling.”

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    Exactly … the technology is there so let’s start at the local level and demand that our Mayors, councilmen and women get out of the “exclusive” business. We have much greater influence at the local level. Once that is done, we can work our way up to finally sending all those who wish to Chinatize us packing.

  4. Blouise,

    If your gas station puts conditions on how you drive, just fill up somewhere else.

    The major barrier to competition in broadband providers is cities and town governments that sign exclusives rather than leave service open to multiple carriers. Technologies like 4g, WiMax and FIOS are helping pricing and access despite government meddling.

  5. When I purchase gas at a station I do not allow the station owner to tell me where I may drive or how slow or fast I may go.

    Comcast and other such entities did not create the internet nor are they responsible for any of the sites (other than their own) … they provide access … period.

    As for those who want to Chinatize us by allowing a corporation to determine our use of the internet … let them all move to that country where their “big-brother” mentality will be appreciated. They do not belong here, in America.

    The government needs to open up the access avenues so that individuals may freely choose their internet access provider. It’s time to inject some real competition into the lives of access providers.

  6. Fucking Comcast. I just called those bastards last night and will now get me for an extra 5 bucks a month for a box.

    Hows that

  8. If people are not aware, the lines being laid for the internet etc are be done so with Our Money. They are using the same regulations that were passed back to lay rail(s). So I guess this decision does not surprise me.

    So if it not written in the communications package then they are relying of the usefulness of the commerce act and clauses to lay the lines.

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