Court Prods FCC in Unexpected Direction in This Week’s Verizon Ruling

Network neutrality was on the retreat shortly after the Telecom Act of 1996

A court ruling this past Tuesday on FCC “network neutrality” regulation closes and opens a few paths in a three-way chess game that has been going on for years between the US District Court of Appeals, the FCC, and the major Internet server providers. (Four-way if you include Congress, and five-way if you include big Internet users such as Google—so, our chess game is coming closer to Chinese Checkers at this point.)

A lot of bloggers, and even news headlines, careened into histrionics (“Net neutrality is dead. Bow to Comcast and Verizon, your overlords“). The Free Press, although oversimplifying the impact, did correctly link the ruling to what they and many other network neutrality supporters consider the original sin of FCC rulings: eviscerating the common carrier regulation of broadband providers.

Even better, many commenters noted the ambiguities and double messages in the ruling. Unlike a famous earlier ruling on Comcast regulation, this week’s court ruling spends a good deal of time affirming the FCC’s right to regulate Internet providers. Notably, pp. 35-36 essentially confirm the value and validity of network neutrality (in the form of promoting innovation at the edges by placing no restraints on transmissions).

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