Any plans from the Federal Communications Commission for providing cheaper and faster Internet access could be derailed by a ruling issued April 6 from a federal appeals court in Washington, D.C.

The Beginning

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In 2008, the FCC voted to reprimand Comcast after discovering that the Internet provider giant was selectively blocking specific traffic on its network. Comcast customers using BitTorrent, a peer-to-peer file-sharing program, were the first to notice the blocks. According to National Public Radio, The Associated Press caught wind of the allegations and investigated. Two out of three times, they were unable to upload their file of choice, the King James Bible.

Free Press, a non-profit group, filed the formal complaint with the FCC in November of 2007.

What this means to Consumers

While Comcast denies that it intends to restrict user bandwidth levels.  Tuesday's ruling has caused a ripple effect of concern among consumers nation-wide, regardless of their ISPs.  The ruling comes on the heels of recent questions about online streaming media.  A few months ago, ISPs including Comcast, were floating the idea of charging customers based on their bandwidth use and not merely on an all-in-one cable package.  This billing method would have caused people who watch streaming media on sites like Hulu to pay more for the extra bandwidth they use.

Due to customer outcry, the streaming-media topic quieted down, but Tuesday's ruling has re-kindled anxieties about who owns Internet traffic and who is the arbiter or online content.  The ruling may mean that the FCC, the only federal body with the power to regulate Web traffic, has been curtailed.  So too then has its ability to regulate the billing and distribution practices of individual Service Providers.

The general consensus of users has been that ISPs should not be allowed to filter content which is not covered  by the communications decency act, and many argue that even that policy is overreaching.

Net Neutrality

It appeared to be a clear violation of the FCC’s net neutrality principle, the theory that all traffic on broadband networks should be treated equally (even if it involves large files or services from a direct competitor’s). The commission voted to censure Comcast, however Comcast claimed it was participating in “reasonable network management” and sued the FCC.

According to the FCC’s web site, net neutrality consists of four principles:

1. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.


2. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.


3. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network.


4. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers, competition among network providers, application and service providers, and content providers.

The Ruling

This week a federal appeals court ruled that the FCC overstepped its authority to actually enforce its net neutrality policy. The ruling begs the question: If the FCC doesn’t regulate the Internet, who does?

Right now, it appears that the power lies with Internet service providers (ISPs).

Public interest groups are concerned that the ruling will further limit the FCC’s authority over broadband providers, leaving consumers unprotected from price gouging and unfair practices.

In its decision, the court cited that the Internet is fundamentally different from the phone companies that are regulated and that the FCC was never given authority to regulate the Internet. With these two arguments, the FCC’s already questionable authority is on even shakier ground.

The Plan

The commission’s National Broadband Plan is intended to make for faster, more affordable Internet access to the country. After a year and several million dollars in research, the FCC unveiled its 360-page plan for the future of the country’s broadband. However, with the latest court ruling, would the FCC even have the authority to tackle such a project?

In the meantime, even if the FCC lacks the authority for such endeavors, the court of public opinion still pulls rank. Comcast, thanks in part to the negative publicity generated by the case, voluntarily changed its existing network management practices and has since removed any traffic blocks preventing customers from utilizing BitTorrent, Inc.