Is "Ancillary Jurisdiction" Exercised by FCC Legal?

The Federal Communications Commission network neutrality rules were promulgated using a concept known as "ancillary jurisdiction," essentially the notion that the Commission has authority to institute such rules because it is "ancillary" to other authority it has expressly been given by Congress.

But many would argue that the FCC exceeds its authority. Congress has never explicitly given the FCC the authority to enforce network neutrality, but the FCC contends that the power to mandate Internet openness is implicit in other powers Congress has granted to the agency.

This ancillary jurisdiction argument therefore is destined to remain controversial until the lawfulness of the authority has been settled.