Federal court upholds Open Internet rules

In a major decision, a federal court upheld the FCC’s Open Internet rules, finding that the FCC had the legal authority to reclassify broadband Internet access as a Title II telecommunications service. The rules were adopted in Feb. 2015 and went into effect last June.

The sweeping 184-page the DC Circuit Court of Appeals decision affirmed Title II reclassification of both wireline and wireless Internet access. Whether one connects to the Internet over a landline or wireless network, the FCC’s three Open Internet rules, which Speed Matters supports apply: there can be no blocking, no throttling (slowing down traffic), and no paid prioritization of some content over other content on the Internet. It remains to be seen whether wireless carriers’ “zero-rating” bundled video packages and Comcasts’ Stream TV violate the FCC’s “no paid prioritization” rule.

The Open Internet rules, including reclassification, are now the law, even as legal appeals to the Supreme Court are expected. But many analysts question whether the Supreme Court will take up the case.

Even with the legal victory, the challenges of broadband expansion remain the same: how to incent investment in high-speed networks and ensure every American has affordable broadband access and choice.

Links:

Court Backs Rules Treating Internet as Utility, Not Luxury (New York Times, June 14, 2016)

FCC adopts Open Internet rules, reclassifies broadband Internet access as Title II (Speed Matters, Feb. 26, 2016)

Open Internet rules not in effect (Speed Matters, June 15, 2016)

After net neutrality loss, ISPs get ready to take case to Supreme Court (Ars Technica, June 14, 2016)