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FCC Can’t Regulate Net Neutrality – and That’s a Good Thing!

April 7, 2010

From CNET News:

The Federal Communications Commission does not have the legal authority to slap Net neutrality regulations on Internet providers, a federal appeals court ruled Tuesday.

A three-judge panel in Washington, D.C. unanimously tossed out the FCC’s August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers and had voluntarily ended them earlier that year.

Because the FCC “has failed to tie its assertion” of regulatory authority to any actual law enacted by Congress, the agency does not have the authority to regulate an Internet provider’s network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.

Tuesday’s decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans to begin drafting a formal set of Net neutrality rules–even though Congress has not given the agency permission to begin. (Verizon Communications CEO Ivan Seidenberg has said that new regulations would stifle innovative technologies like telemedicine.)

I know it’s tempting to say that we all need unfettered access to bittorrent and hulu.com, but the simple fact is, if the government puts us on internet welfare, we will all suffer for it.  the overall cost of internet service will rise, startup internet providers will find that the additional government requirements are too burdensome to allow them to survive and once the government gets used to the idea that it has power over how the internet comes to you, it will try to gain power over what it  brings with it when it comes.

If you want to ensure that companies don’t take advantage of consumers, remove barriers to entrance by potential competitors and let the cable and phone companies know that their customers can choose to take their business elsewhere if they feel like it.

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