Monday, April 11, 2011

Report: iNet Neutrality Showdown On The Horizon

From William Van Hefner for CommsXpress:

On Friday, the U.S. House of Representatives approved a measure that would strip the Federal Communications Commission of it’s ability to regulate the Internet, including their announced plans to enforce network neutrality rules. The Obama administration and the Democratic Party-led FCC had previously announced their intentions to outlaw the practice of bandwidth throttling and blocking by those providing broadband service in an attempt to give consumers equal access to the entire Internet. However, a backlash against the policy by Internet providers led to a number of lawsuits which questioned the FCC’s authority to enact such rules.

To date, the courts have largely sided with the internet providers, which has proven to be a stunning blow to a regulatory agency that is rarely used to being challenged by companies it regulates. The entire matter has become somewhat of a political hot potato in Washington, not only questing the authority of a federal regulatory agency to regulate, but the Obama administration and minority Democratic Party to effectively wield any power in a Republican controlled House.

The Democrats still control the majority of the United States Senate, which must also pass the legislation before it can be forwarded to President Obama to be signed into law. President Obama has promised to veto the legislation if it makes it that far. Even so, the final decision on net neutrality will be far from over once current legislation is decided upon, since a number of appeals are still pending in United States district courts.

It is possible that a showdown on the subject could be decided by the United States Supreme Court after current appeals are exhausted. The final outcome of net neutrality will most likely depend upon the outcome of elections next year though, which not only will likely shift the balance of power in the U.S. Congress, but could see the election of a new President as well.
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