First blow to “information service” classification

In 2008, the FCC, under Chairman Kevin Martin, ruled Comcast was slowing peer-to-peer traffic – and the practice appeared to be more widespread than the company had disclosed. The FCC ordered Comcast to stop its “invasive” interference on its broadband network and to create a new network management plan. Comcast took the FCC’s anti-throttling order to the court, arguing that the commission had no hard rules against the company’s network management practices.

In 2010, the U.S. Court of Appeals for the District of Columbia Circuit overturned the FCC’s Comcast ruling, saying the agency lacked “any statutorily mandated responsibility” to enforce network neutrality rules under Title I. The ruling was the first big blow to the “light-touch”/Title I approach broadband service regulation.

In 2011, Comcast agreed to abide by the 2005 Internet policy statement as a condition of its acquisition of NBC/Universal. That agreement expires in 2018.