FCC's McDowell: Network neutrality would face legal challenge

If the Federal Communications Commission adopts broad new net neutrality regulations, the agency's authority to do so will be challenged in court, predicts FCC Commissioner Robert McDowell.

It's unclear whether the FCC has the authority to create network neutrality rules for broadband providers, which under current FCC rules are classified as largely unregulated information services, Commissioner McDowell said Friday during a speech at a Free State Foundation broadband policy forum. And the suggestion by some advocacy groups that the FCC reclassify broadband services as more heavily regulated common carrier services would also face lawsuits, he said.