Network neutrality now rests in the hands of the FCC. I’m worried

[Commentary] In discarding out a huge chunk of the network neutrality rules that the Federal Communications Commission put into place in 2010, the U.S. Court of Appeals in Washington has thrown the way the Internet works into turmoil: Instead of treating all traffic flowing over their broadband pipes equally, internet service providers can now start making deals that could prioritize some content over other traffic. And based on the options facing the FCC and the FCC Chairman Tom Wheeler’s previous statements, I think there is a credible threat that a double-sided market for bandwidth will emerge.

For the consumer, it’s an almost certain loss given the statements that Chairman Wheeler has made about network neutrality -- namely that he wants to look at it on a case by case basis. “The court gave the FCC an opportunity to try again,” said Blair Levin, a former FCC chief of staff and currently the chair of Gig.U. “So now the question facing the FCC is whether it tries in the context of a new proceeding … or whether they want to wait for someone to start blocking and then take the case, and use that to establish a precedent.” Levin believes Chairman Wheeler has signaled that he plans to see what happens if the carriers implement a two-sided market for broadband pricing.