FCC Loses Net Neutrality Case on Appeal: No Authority to Regulate Broadband

Flash! The Federal Communications Commission does not have authority to regulate broadband services, the U.S. Court of Appeals for the District of Columbia Circuit has ruled.

The FCC had fined Comcast in 2008 for subjecting BitTorrent to traffic-management practices. The federal court has reversed a lower court decision, ruling that the FCC does not have authority to regulate broadband, in essence. The full text of the ruling is not yet available, but the decision potentially sets in motion a new direction in broadband regulation by the FCC, which now must either get new legislative authority from the Congress to regulate broadband services, or must take a potentially-divisive alternative approach: attempting to regulate broadband services as "common carrier" services.

That would set off a nuclear war between the FCC and telecom and possibly cable companies, who would feel compelled to fight the change with every weapon at their disposal. Should the FCC ultimately prevail, the nation will face years of ruinous lawsuits, bringing new broadband investment to a grinding halt as private investment drys up.

The FCC can appeal the decision, but the big question now is whether it is willing to risk nuclear war with the telecom and cable industries.