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Court Questions FCC Authority to Impose Net Neutrality

09.01.2010
No decision has been made yet, but, if Friday's arguments before the U.S. Court of Appeals in DC are any indication, it doesn't appear that the will prevail in exerting its authority over . Losing this battle may be just what the FCC needs to move forward with its efforts to .

Comcast v. FCC

The case before the court is an appeal from Comcast related to sanctions imposed on it by the FCC for discriminating against peer-to-peer networking file traffic in an effort to throttle bandwidth demand on its broadband network. Comcast's .

FCC chairman Julius Genachowski has stated that the FCC outlined by the previous FCC administration in 2005. These principles, while not formal rules, have been used to govern net neutrality on a case-by-case basis:

1. Consumers are entitled to access the lawful Internet content of their choice.

2. Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.