United States Telecom Association et al v. Federal Communications Commission and ors - (14 Jun 2016)

FCC’s ‘Open Internet’ upheld; dissenting judge scathing in remarks

MANU/UDCC/0245/2016

Media and Communication

A United States Court of Appeals gave further credence to a Federal Communications Commission move in February 2016 to classify the internet as a public utility, and strengthened the case for an open, neutral internet.

Brought by associations and companies in telecom, cable and wireless, the petition had challenged the FCC ruling for the greater government regulation and scrutiny it would bring.

Though the three justices were largely congruent in their ruling, Senior Circuit Judge Williams was scathing in his assessment of the “unreasoned patchwork” the FCC had indulged in. Though he agreed with the outcome of the FCC’s actions, he was deign to accept the manner in which it was achieved. His conclusions professed “natural monopolies” in broadband service, as he derided the public utility track for creating high barriers to entry and discouraging innovation in business models and technology.

Government scrutiny is the real bugbear for the internet industry, which until recently had enjoyed a policy of laissez faire. Not too long after reclassifying internet did the FCC release a paper discussing rules to protect broadband consumer privacy.

Relevant : Comcast Corp. v. FCC MANU/UDCC/0031/2010 Advanced Micro Devices v. C.A.B. MANU/UDCC/0335/1984 DiCola v. Food and Drug Administration MANU/UDCC/0232/1996

Tags : NET NEUTRALITY FCC PUBLIC UTILITY PRIVACY