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

Thu Apr 8 15:12:49 EDT 2010

:) Thanks Lee this is ery helpful in reading the same in context.

On 4/9/10, Lee W McKnight <lmcknigh at syr.edu> wrote:
> 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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-- 
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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