Political Discussion: Appeals court slaps down 'net neutrality'

[Don_M]

The U.S Court of Appeals for the District of Columbia today ruled against the FCC's efforts to regulate broadband services under the "net neutrality" doctrine, saying it lacks the legal authority to do so. The ruling calls into question the agency's National Broadband Plan which, as most of you will recall only too well, seeks to chew off another 20 channels of the TV spectrum.

Coverage:

• ZDnet.com: Court sides with Comcast, challenges FCC's Net Neutrality efforts

Money quote:

Beyond that, the ruling puts the FCC’s National Broadband Plan, which was submitted to Congress last month, in legal limbo because Net Neutrality was an integral part of it.

• AP: FCC loses key ruling on Internet 'neutrality'

• BigGovernment.com: Court Delivers Blow to FCC in Ruling

Money quote:

The ruling leaves open three options for Genachowski in continuing to push for heightened regulation. First, the FCC can appeal the decision to the Supreme Court. Second, the FCC could urge Congress to rewrite legislation. Third, the FCC could pursue what some observers have dubbed a “sweeping reclassification” of broadband services under an existing set of rules which relate to telephone services. ...

Previously, ISPs have urged the FCC not to go this route, should it be rapped on the knuckles by the Court. However, it likely presents Genachowski with a more efficient pathway to achieving his vision with regard to broadband services than would an appeal to the Supreme Court, or Congress pursuing legislation. (emphasis added)

 

[CptlA]

I guess you could say, it wasn't neutral enough..... (put-put-ting).

Well it's a short term victory for OTA. Is this only a bump in the road for the FCC or are we looking at a full on obstacle.

 

[gary350]

I have no idea what it means? Is that good or bad for people with antenna?

 

[Don_M]

Is that good or bad for people with antenna?

Too soon to tell, really. Your confusion is understandable as the court's decision is tangential to the future of broadcasting. Let's put it this way: It was further bad news for the National Broadband Plan, especially in light of the rather chilly reception the plan got when the FCC submitted it to Congress a few weeks ago. As the old cliche goes, though, there's more than one way to skin a cat, and you can bet it won't take long for Genachowski and Co. to figure out one or more alternative methods of doing so.

 

[bicker]

And won't take long after that for the US Court of Appeals to slap the FCC down a third time (remember, they did this over the Summer to, with regard to SDV-related sanctions), if necessary. The core of the issue here is that the FCC is attempting to advocate in a biased manner, to the benefit of some of the people they're supposed to be regulating for, instead of balancing their regulation intent factoring in the perspectives of all the people they're supposed to be regulating for. What the FCC is trying to do is pass regulations that are essentially devoid of all the "watering-down" that normally happens when fairness is applied. They don't want fairness... they want change. Our legal system is there to ensure that they don't get what they want in this regard.

 

[FOX TV]

Looks like Genachowski and the FCC are not as powerful as they thought they were. Maybe this is a good thing for the future of DTV, and it is good to see a branch of this "REGIME" have some of its wings clipped by the courts ! Maybe there is hope after all !

CZARS are unconstitutional, and in direct conflict with the U.S. Constitution, and the Bill of Rights. Throw the bums out!! Is this the proper place for political opinions, or an I out of line again?

Impeachment for treason is the only answer, and if they had tries this stuff during the Hoover and communist routing days, it would happen

On another note, I just got done with scrapping 2.5 tons of steel from two analog TV transmitters, so maybe Toyota can use some of the good old "AMERICAN IRON" to actually build a "Safe Car" from all of that "AMERICAN IRON". And they thought a 1 cent shim would solve all of their problems. Go figure !!

 

[bicker]

Looks like Genachowski and the FCC are not as powerful as they thought they were.

I give them more credit than that: They probably didn't think that they were any more powerful than they are -- they may have just been playing the odds that the courts would let this abuse slide.

Maybe this is a good thing for the future of DTV, and it is good to see a branch of this "REGIME" have some of its wings clipped by the courts ! Maybe there is hope after all ! CZARS are unconstitutional, and in direct conflict with the U.S. Constitution, and the Bill of Rights. Throw the bums out!! Is this the proper place for political opinions, or an I out of line again? Impeachment for treason is the only answer, and if they had tries this stuff during the Hoover and communist routing days, it would happen

Your comments are hyperbole. It is impossible for anyone to take them seriously. The most critical aspect of reality that your comments lack connection with is that there are other people in this country who have completely different beliefs and values, which are as valid and deserving as respect as the serious foundation for the ridiculous ranting you posted, i.e., less government intervention in our lives and in our businesses.

 

[JoeM]

I don't see anything good about net neutrality. What's next taxes on emails? I'm surprised we haven't seen that yet with the huge deficit.