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Court: FCC has no power to regulate Net neutrality
Message
From
07/04/2010 15:00:13
 
 
General information
Forum:
News
Category:
Technology
Miscellaneous
Thread ID:
01459030
Message ID:
01459236
Views:
41
>>>>http://news.cnet.com/8301-13578_3-20001825-38.html?part=rss&subj=news&tag=2547-1_3-0-20
>>>>
>>>>Does this mean that Comcast is going to start slowing bit-torrent traffic again?
>>>
>>>Just about fell out of my chair when I read about this ruling. You mean to tell me that private property may actually possibly still exist at least for broadband providers? Recent rulings/legislation suggests this cannot stand. Next stop...Supreme Court.
>>
>>I figured this would happen because the FCC really doesn't have the authority to do this...congress needs to fix that...
>
>*sigh*
>
>"fix" what? The FCC should have exactly zero say over a private network. While there is an argument to them regulating limited air wave frequencies there is no justifiable reason for them to have any involvement in a private network. Especially given the level of competition that exists in the provider market.
>
>>so I don't think anything will change even if it goes to the Supreme Court.
>
>Neither do I, I was being sarcastic. ;)
>
>>Plus I'm sure that the lobbyist will try to keep the FCC from having this power and the Republicans seem against it.
>>
>>What really errks me is this:
>>"....Comcast welcomed the ruling in a statement that said: "Our primary goal was always to clear our name and reputation." The National Cable and Telecommunications Association, the cable industry's lobby group, elaborated by saying that Comcast and its other members will "continue to embrace a free and open Internet as the right policy."...."
>>
>>I'm not quite sure how Comcast came to the conclusion that their reputation is now ok because of this ruling - fact still remains that they slowed traffic for certain things and only quit doing it after a huge uproar, bunch of complaints and the FCC telling them to quit. Not sure how that equates to "free and open internet".
>
>Comcast is a private company. They have every right to do with their network as they see fit. If their customers don't like the service their are other options for them to take their business.

I'm confused about part of this. The FCC should have jurisdiction based on it's role as layed out congress in 1934:

The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

http://www.fcc.gov/Reports/1934new.pdf
http://www.fcc.gov/telecom.html
http://www.museum.tv/eotvsection.php?entrycode=uspolicyc

I guess it is all in the wording in (Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. § 151) http://en.wikipedia.org/wiki/Communications_Act_of_1934
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