[opendtv] The court ruling on net neutrality

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Wed, 11 Feb 2015 02:01:15 +0000

Here it is, Craig.

From the text below, the telling quote is at the end:

"That said, even though the Commission has general authority to regulate in
this arena, it may not impose requirements that contravene express statutory
mandates. Given that the Commission has chosen to classify broadband providers
in a manner that exempts them from treatment as common carriers, the
Communications Act expressly prohibits the Commission from nonetheless
regulating them as such. Because the Commission has failed to establish that
the anti-discrimination and anti-blocking rules do not impose per se common
carrier obligations, we vacate those portions of the Open Internet Order."

So, first off, the FCC does have the authority to regulate in this general
area, and secondly, the ONLY impediment is how the FCC previously had
classified Internet access. Not that they must not reclassify Internet access.
Everything hinges on " Given that the Commission has chosen to classify
broadband providers in a manner that exempts them from treatment as common
carriers."

This is Judge Tatel egging them on to reclassify, already.

Bert

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http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf

And here is the long and the short of it, from page 4 (Circuit Judge Tatel):

For the second time in four years, we are confronted with a Federal
Communications Commission effort to compel broadband providers to treat all
Internet traffic the same regardless of source-or to require, as it is
popularly known, "net neutrality." In Comcast Corp. v. FCC, 600 F.3d 642 (D.C.
Cir. 2010), we held that the Commission had failed to cite any statutory
authority that would justify its order compelling a broadband provider to
adhere to open network management practices. After Comcast, the Commission
issued the order challenged here - In re Preserving the Open Internet, 25
F.C.C.R. 17905 (2010) ("the Open Internet Order") - which imposes disclosure,
anti-blocking, and anti-discrimination requirements on broadband providers. As
we explain in this opinion, the Commission has established that section 706 of
the Telecommunications Act of 1996 vests it with affirmative authority to enact
measures encouraging the deployment of broadband infrastructure. The
Commission, we further hold, has reasonably interpreted section 706 to empower
it to promulgate rules governing broadband providers' treatment of Internet
traffic, and its justification for the specific rules at issue here - that they
will preserve and facilitate the "virtuous circle" of innovation that has
driven the explosive growth of the Internet - is reasonable and supported by
substantial evidence. That said, even though the Commission has general
authority to regulate in this arena, it may not impose requirements that
contravene express statutory mandates. Given that the Commission has chosen to
classify broadband providers in a manner that exempts them from treatment as
common carriers, the Communications Act expressly prohibits the Commission from
nonetheless regulating them as such. Because the Commission has failed to
establish that the anti-discrimination and anti-blocking rules do not impose
per se common carrier obligations, we vacate those portions of the Open
Internet Order.
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[opendtv] The court ruling on net neutrality

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