Nonstopdrivel
15 years ago

F.C.C. Rules for Broadband Fairness Set Aside by Court 
By EDWARD WYATT
Published: April 6, 2010

WASHINGTON A federal appeals court on Tuesday dealt a sharp blow to the efforts of the Federal Communications Commission to set the rules of the road for the Internet, ruling that the agency lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

The decision, by the United States Court of Appeals for the District of Columbia Circuit, specifically concerned the efforts of Comcast, the nations largest cable provider, to slow down customers access to a service called BitTorrent, which is used to exchange large video files, most often pirated copies of movies.

After Comcasts blocking was exposed, the F.C.C. told Comcast to stop discriminating against BitTorrent traffic and in 2008 issued broader rules for the industry regarding net neutrality, the principle that all Internet content should be treated equally by network providers. Comcast challenged the F.C.C.s authority to issue such rules and argued that its throttling of BitTorrent was necessary to ensure that a few customers did not unfairly hog the capacity of the network, slowing down Internet access for all of its customers.

But Tuesdays court ruling has far larger implications than just the Comcast case.

The ruling would allow Comcast and other Internet service providers to restrict consumers ability to access certain kinds of Internet content, such as video sites like Hulu.com or Googles YouTube service, or charge certain heavy users of their networks more money for access.

Google, Microsoft and other big producers of Web content have argued that such controls or pricing policies would thwart innovation and customer choice.

Consumer advocates said the ruling, one of several that have challenged the F.C.C.s regulatory reach, could also undermine all of the F.C.C.s efforts to regulate Internet service providers and establish its authority over the Internet, including its recently released national broadband plan.

This decision destroys the F.C.C.s authority to build broadband policy on the legal theory established by the Bush administration, said Ben Scott, the policy director for Free Press, a nonprofit organization that advocates broad media ownership and access.

The decision could reinvigorate dormant efforts in Congress to pass a federal law specifically governing net neutrality, a principle generally supported by the Obama administration.

While the decision is a victory for Comcast, it also has the potential to affect the companys pending acquisition of a majority stake in NBC Universal.

Members of Congress have expressed concern that the acquisition could give Comcast the power to favor the content of its own cable and broadcast channels over those of competitors, something that Comcast has said it does not intend to do. Now, members of Congress could also fret that Comcast will also block or slow down customers access to the Web sites of competing television and telecommunications companies.

In a statement, the F.C.C. said it remained firmly committed to promoting an open Internet. While the court decision invalidated its current approach to that goal, the agency said, the court in no way disagreed with the importance of providing a free and open Internet, nor did it close the door to other methods for achieving this important end.



Though this is technically the right thing to do constitutionally, it certainly isn't an outcome I like. (In contrast to, say, smoking bans, which I oppose even though I like the outcomes they provide.)

I could see this leading to content providers like Google offering their own broadband services to ensure equal access to their content. Doesn't Yahoo! already offer broadband?
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Mucky Tundra (27m) : Yes
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dfosterf (1h) : The man carried us a lot of the time
dfosterf (1h) : I think a Kenny Clark tribute is in order
Zero2Cool (9h) : new site, text editor gooder even on phone
beast (10h) : Oh yes, sometimes they make using a cellphone tough. I just wanted to make sure it was the correct article, & thank you for pointing it out.
jdlax (11h) : I can't believe one of my teams went out and wablammo just up and acquired one of the best players in the world overnight
dfosterf (16h) : I do very much appreciate when Beast and others pick up my slack 😊
dfosterf (16h) : I accept Beast's admonishment regarding my failure to link stuff I reference. I simply never learned to link from my cell phone.
beast (16h) : That's not what your she said 😌, she said keep going 😏
Mucky Tundra (19h) : Anything over 4 hours means he needs to get to the hospital
Mucky Tundra (19h) : Someone might want to check on Hafley and make sure his erection has gone down
Zero2Cool (21h) : LaFleur texts "bleep me I cannot sit down"
Zero2Cool (21h) : YouTube has had me last hour or two lol
Mucky Tundra (21h) : Ugh this trade happened right as my shift started and it's killing me
Zero2Cool (21h) : Parsons wore 23 in high school.
Zero2Cool (22h) : Packers just cost Lions more money with Hutchinson too huh
Zero2Cool (23h) : That is fair by me.
buckeyepackfan (23h) : Kenny Clark is the player, 2 1st rnd picks
Zero2Cool (23h) : umm... what?
wpr (23h) : I am stunned
Mucky Tundra (23h) : RICKEY SCOOPS WAS RIGHT AGAIN!!!
Mucky Tundra (23h) : ITS HAPPENING
buckeyepackfan (23h) : DEAL IS DONE
buckeyepackfan (23h) : MICAH IS COMING TO GREEN BAY!!!!!!!!!
wpr (28-Aug) : Me do-ed it gooderly,
Zero2Cool (28-Aug) : Bahah, I was like WTF why isn't anyone posting on PP.com ... oops no one has permissions
dfosterf (27-Aug) : tell her I reckon
dfosterf (27-Aug) : Micah Robinson cut. Probable PS player tomorrow. Has to call mom back and t
Zero2Cool (27-Aug) : New site so much better. Might make switch and deal with it.
dfosterf (27-Aug) : Mecole Hardman to our practice squad
dfosterf (27-Aug) : Nick Nieman from Texans our 5th linebacker. Special teams signing
TheKanataThrilla (27-Aug) : Looks like we signed Clayton Tune as QB3
wpr (27-Aug) : TKT people lose their minds over QB3. Point is almost none of them are ready that's why they are on the PS and other teams don't take them.
TheKanataThrilla (27-Aug) : Unfortunately he doesn't seem ready to be an emergency QB.
TheKanataThrilla (27-Aug) : As a Canadian and a follower of Canadian University football. I am rooting for him
dfosterf (27-Aug) : I bet a lot of us will follow the Taylor Elgersma journey with interest. Personally, got a Kurt Warner vibe goin' on. I like him
TheKanataThrilla (27-Aug) : Not sure if either will be claimed though.
TheKanataThrilla (27-Aug) : Tune or Hooker would make sense
dfosterf (27-Aug) : Clayton Tune cut by the Cards? Don't know if that's the guy, we shall see
TheKanataThrilla (27-Aug) : Per Bill Huber, the Packers will not be bringing back Taylor Elgersma or Sean Clifford on the practice squad, so a new third quarterback
Mucky Tundra (27-Aug) : Schefter must have deleted his tweet
dfosterf (27-Aug) : Hopefully Jerry reaches under the seat cushions and ashtrays of his jet and scrapes up the 45 million apr and spares us further nonsense
dfosterf (27-Aug) : Have to admit the PO'd Cowboy fan videos would be fun to watch. Problem with draft picks is half their fanbase barely knows what that is
beast (27-Aug) : I think Cowboys fans are ready to get their pitch forks and burning sticks if Jerry were to trade Micah
dfosterf (27-Aug) : If Jerry traded Micah to GB, here in northern Va. they would have to quick build yet another data center to handle the internet hate traffic
Zero2Cool (27-Aug) : its signing and trades that you don't hear about, other then announced
Zero2Cool (27-Aug) : If you hear rumors about Packers sign or trade, won't happen. Not how they work
dfosterf (27-Aug) : 19 players in a contract year. Jones called loss to us worst loss in Cowboy history. Forget Parsons trade. Not happenin' Cap'n
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