FCC Can't Enforce Net Neutrality, Appeals Court Rules

WASHINGTON — The FCC can't ban Internet service providers from filtering certain types of traffic, the U.S. District Court for the Federal Circuit ruled Tuesday.

The decision strikes down the FCC's attempt to force "net neutrality" on Comcast and other Internet service providers and means ISPs could slow access to certain types of content, such as video, or charge more for heavy bandwidth users.

Complaints that Comcast was interfering with surfers' use of peer-to-peer networking programs spurrred the FCC to order Comcast to change its method of bandwidth management, saying the interference "contravene[d] ... federal policy."

Regulators ordered Comcast to outline the details of its new approach and update the government on its implementation progress. But Comcast appealed the FCCs order claiming, among other things, that the FCC has no jurisdiction over its management practices.

But the Federal Circuit rejected the FCC's "theory of ancillary authority." The FCC has said that it was obliged into the issue under the Communications Act of 1934, the Telecommunications Act of 1996 and congressional policy.

The court vacated the FCC's order, ruling that the regulatory agency "failed to tie its assertion of ancillary authority over Comcast's Internet service to any 'statutorily mandated responsibility.'"

The court's decision Tuesday likely won't be the end of the debate or implementation of public policy over Net Neutrality and could spell the overhaul of broadband policy.

The FCC could appeal Comcast’s win to the full panel of the Federal Circuit or directly to the Supreme Court. It also could reclassify ISPs as a so-called Title II service providers, like phone companies, which would mean greater regulation.

Another option could be that Congress could grant the FCC more power and create Net Neutrality regulation.

View Ruling

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet trade show called IA2000, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More