[mythtv-users] [Mostly OT] Comcast/net neutrality ruling - NY Times Online

[Mark Knecht]

Court Says F.C.C. Cannot Require ‘Net Neutrality’
By EDWARD WYATT
Published: April 6, 2010

WASHINGTON — A federal appeals court on Tuesday dealt a sharp blow to
the efforts of the Federal Communications Commission to set the rules
of the road for the Internet, ruling that the agency lacks the
authority to require broadband providers to give equal treatment to
all Internet traffic flowing over their networks.

The decision, by the United States Court of Appeals for the District
of Columbia Circuit, specifically concerned the efforts of Comcast,
the nation’s largest cable provider, to slow down customers’ access to
a service called BitTorrent, which is used to exchange large video
files, most often pirated copies of movies.

After Comcast’s blocking was exposed, the F.C.C. told Comcast to stop
discriminating against BitTorrent traffic and in 2008 issued broader
rules for the industry regarding “net neutrality,” the principle that
all Internet content should be treated equally by network providers.
Comcast challenged the F.C.C.’s authority to issue such rules and
argued that its throttling of BitTorrent was necessary to ensure that
a few customers did not unfairly hog the capacity of the network,
slowing down Internet access for all of its customers.

But Tuesday’s court ruling has far larger implications than just the
Comcast case.

The ruling would allow Comcast and other Internet service providers to
restrict consumers’ ability to access certain kinds of Internet
content, such as video sites like Hulu.com or Google’s YouTube
service, or charge certain heavy users of their networks more money
for access.

Google, Microsoft and other big producers of Web content have argued
that such controls or pricing policies would thwart innovation and
customer choice.

Consumer advocates said the ruling, one of several that have
challenged the F.C.C.’s regulatory reach, could also undermine all of
the F.C.C.’s efforts to regulate Internet service providers and
establish its authority over the Internet, including its recently
released national broadband plan.

“This decision destroys the F.C.C.’s authority to build broadband
policy on the legal theory established by the Bush administration,”
said Ben Scott, the policy director for Free Press, a nonprofit
organization that advocates broad media ownership and access.

The decision could reinvigorate dormant efforts in Congress to pass a
federal law specifically governing net neutrality, a principle
generally supported by the Obama administration.

While the decision is a victory for Comcast, it also has the potential
to affect the company’s pending acquisition of a majority stake in NBC
Universal.

Members of Congress have expressed concern that the acquisition could
give Comcast the power to favor the content of its own cable and
broadcast channels over those of competitors, something that Comcast
has said it does not intend to do. Now, members of Congress could also
fret that Comcast will also block or slow down customers’ access to
the Web sites of competing television and telecommunications
companies.

In a statement, the F.C.C. said it remained “firmly committed to
promoting an open Internet.” While the court decision invalidated its
current approach to that goal, the agency said, “the court in no way
disagreed with the importance of providing a free and open Internet,
nor did it close the door to other methods for achieving this
important end.”