Network Neutrality Supporters Back FCC After Court of Appeals Decision

Sen. Kerry looks for ways to make commission's authority over Internet clear

By John Eggerton --
Broadcasting & Cable,
4/6/2010 1:46:38 PM


The FCC is getting support from network neutrality fans on Capitol Hill and elsewhere in Washington after Tuesday's (Apr. 6) D.C. Court of Appeals ruling that calls some of the commission's authority into question.

The FCC will likely need clear authority if it is to help implement the national broadband plan, and certainly in its effort to codify and expand the network neutrality guidelines it used to find Comcast wanting in its network management of BitTorrent.

"Clearly, the court's decision must not be the final word on this vitally important matter, and I intend to work vigorously to ensure an open Internet for generations to come," said Rep. Ed Markey (D-Mass.), who has proposed network neutrality legislation,

Markey said what the court had done was "[throw] out the previous commission's shoddy legal theories." Though the court also threw out the justifications provided for those theories by the current commission's attorneys. "In light of the court's ruling," he said, "I encourage the current commission to take any actions necessary to ensure that consumers and competition are protected on the Internet. It is important to note that the Court neither called into question the wisdom of network neutrality policies nor did it exonerate Comcast for its unreasonable interference with lawful consumer Internet use."

The court confined its decision to the issue of jurisdiction over network management practices; a jurisdiction it said the FCC failed to justify under broad ancillary authority.
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