Court rules FCC has no authority to enforce net neutrality
The US Court Of Appeals For The District Of Columbia has ruled that the FCC lacks the authority to enforce network neutrality rules for broadband internet providers.
The ruling came in Comcast’s appeal of the that agency’s 2008 ruling on the cable giant’s practice of throttling P2P traffic.
Although the court’s decision means the FCC doesn’t have the authority to punish Comcast for their “network management” practices, their legal problems aren’t over yet. In fact it clears the way for lawsuits pending in federal court which have been held up by the question of FCC jurisdiction.
There’s also the potential for action by the Federal Trade Commission over alleged false advertising of their service.
What makes things more complicated is that the FCC may still be able to establish jurisdiction over net neutrality by revisiting a 2002 ruling on the nature of internet service. At that time it was determined that broadband internet was merely an information service, and therefore not subject to the same level of regulation as common carrier service like traditional phone lines.








