[governance] US Court Rules against FCC in 'Net Neutrality' Case

[Lee W McKnight]

Next stop theoretically could be Supreme Court for FCC - but I doubt it.  They don't really have grounds for appeal.

Hate to say it, but this was obvious based on law, many could see this coming miles away. 

More likely scenarios: 

FCC redefines Internet on its own under 96 Telecom Act as telecoms and hence has authority for net neutrality rules, through current net neutrality rulemaking (not likely)

Congress gets in on act, lots of hearings and draft bills, nothing passes, FCC in limbo as to its authority (likely).

Which means...US domestic governance &/or regulation of Internet, broadband, etc, just got murkier.  

Except for broadband wireless, where FCC has clear authority over spectrum....which happens to be the main game these days.

 



________________________________________
From: Salanieta T. Tamanikaiwaimaro [salanieta.tamanikaiwaimaro at gmail.com]
Sent: Wednesday, April 07, 2010 5:49 PM
To: Keerti Nagappa
Cc: governance at lists.cpsr.org
Subject: Re: [governance] US Court Rules against FCC in 'Net Neutrality' Case

Thank you Keerti, I managed to get it of the NY Times link as well.
But thank you just the same. I would be interested to know what the
hierarchy of the COurt system is in the US, particularly whether FCC
can appeal again.

I will go through the judgment and see whether there was any point dissented?

Sala




On 4/7/10, Keerti Nagappa <keerti.nagappa at gmail.com> wrote:
> Hi Salanieta,
>
> Have attached a copy of the case.
>
>
> On 6 April 2010 19:28, Salanieta T. Tamanikaiwaimaro <
> salanieta.tamanikaiwaimaro at gmail.com> wrote:
>
>> Thanks Keerti. Do you have a copy of the Judgment?
>>
>> Sala
>> On 4/7/10, Keerti Nagappa <keerti.nagappa at gmail.com> wrote:
>> > A federal appeals court (US) has ruled that the Federal
>> > Communications Commission (FCC)lacks the authority to require
>> > broadband providers to give equal treatment to all Internet
>> > traffic flowing over their networks.
>> >
>> >
>> > http://www.nytimes.com/2010/04/07/technology/07net.html?hp
>> >
>> > *Court Rules Against F.C.C. in ‘Net Neutrality’ Case*
>> > <
>> http://www.nytimes.com/adx/bin/adx_click.html?type=goto&opzn&page=www.nytimes.com/yr/mo/day/technology&pos=Frame4A&sn2=d59993d0/2e9a4d4e&sn1=54576ea3/a621c698&camp=foxsearch2010_emailtools_1225557c_nyt5&ad=ch_02_120x60anim_10k&goto=http%3A%2F%2Fwww%2Efoxsearchlight%2Ecom%2Fcrazyheart
>> >
>> >
>> > WASHINGTON (AP) — A federal appeals court has ruled that the Federal
>> > Communications
>> > Commission<
>> http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_communications_commission/index.html?inline=nyt-org
>> >lacks
>> > the authority to require broadband providers to give equal treatment
>> > to all Internet traffic flowing over their networks.
>> >
>> > Tuesday’s ruling by the United States Court of Appeals for the District
>> of
>> > Columbia is a big victory for the Comcast
>> > Corporation<
>> http://topics.nytimes.com/top/news/business/companies/comcast_corporation/index.html?inline=nyt-org
>> >,
>> > the nation’s largest cable company. It had challenged the FCC’s
>> > authority
>> to
>> > impose so called “net
>> > neutrality<
>> http://topics.nytimes.com/topics/reference/timestopics/subjects/n/net_neutrality/index.html?inline=nyt-classifier
>> >”
>> > obligations.
>> >
>> > It marks a serious setback for the F.C.C., which needs authority to
>> regulate
>> > the Internet in order to push ahead with key parts of its national
>> broadband
>> > plan.
>> >
>> >
>> >
>> >
>> > --
>> > Keerti Nagappa
>> > LLM Candidate 2010
>> > University of California,
>> > Berkeley School of Law
>> >
>>
>>
>> --
>> Salanieta Tudrau Tamanikaiwaimaro
>> P.O.Box 17862
>> Suva
>> Fiji Islands
>>
>> Cell: +679 9982851
>> Alternate Email: s.tamanikaiwaimaro at tfl.com.fj
>>
>> "Wisdom is far better than riches."
>>
>
>
>
> --
> Keerti Nagappa
> LLM Candidate 2010
> University of California,
> Berkeley School of Law
>


--
Salanieta Tudrau Tamanikaiwaimaro
P.O.Box 17862
Suva
Fiji Islands

Cell: +679 9982851
Alternate Email: s.tamanikaiwaimaro at tfl.com.fj

"Wisdom is far better than riches."
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