Court Rules Against FCC On Net Neutrality
April 6, 2010 at 11:01 AM (PT)
A unanimous three-judge panel of the U.S. Court of Appeals for the DISTRICT OF COLUMBIA Circuit has ruled that the FCC overstepped its authority by sanctioning COMCAST for throttling peer-to-peer and BITTORRENT use on its Internet service.
The FCC ruling in 2008 ordered COMCAST to treat traffic on its network equally, but the court ruled that Congress had not given the Commission the power to regulate "Net neutrality."
The decision gives COMCAST a victory for now, but the WHITE HOUSE and FCC Chairman JULIUS GENACHOWSKI have proposed net neutrality rules and are expected to continue working to give the FCC the authority to enforce equal treatment of traffic through ISP's networks or to explore applying telephone network common-carrier regulation to Internet providers.