Court thwarts F.C.C.'s latest Internet regulation efforts

The US Circuit Court of Appeals for the District of Columbia decided against the Federal Communications Commission yesterday, ruling that federal regulators do not have authority "over Web traffic under current law" (nytimes.com). The decision came in response to the F.C.C.'s attempts to require Internet service providers (ISPs) to give users equal access to Internet sites. ISPs such as Comcast, which recently came under fire for limiting access speeds to the popular download site BitTorrent, will now be able "to block or slow specific sites" and charge certain sites additional fees to deliver content to users.

The 3-0 ruling, although narrowly written to address only the issue of the F.C.C.'s attempt to control Comcast's management, indicated the court's unwillingness to give the F.C.C. broader regulatory powers and may be a setback for proponents of "Net neutrality," the idea that all online content should be equally accessible. Indeed, open Internet advocates will have to turn to other methods such as enacting new legislation to achieve regulatory power over ISPs' transmission of Internet content.

“'Internet users now have no cop on the beat,' said Ben Scott, policy director for Free Press, a nonprofit organization that supported the F.C.C. in the case," the Times reported.

In a related story, Comcast is also awaiting federal approval on its acquisition of NBC Universal, which owns the NBC broadcast network and some popular cable outfits. Opponents of the vertical merger insist that cable companies should not also own the networks they are supposed to provide, suggesting Comcast might favor NBC content while limiting access to its competitors if the deal is approved.