FCC Heads to Court to Defend Network Neutrality Rules

Whether or not the Federal Communications Commission (FCC) has the authority to regulate the Internet comes back in the spotlight when the DC Circuit Court of Appeals hears oral arguments in Verizon v. FCC. How the court decides could have profound implications for the Internet: whether Internet service providers will be prohibited from slowing down or blocking legal content.

"The case is ostensibly about net neutrality, but what is really at stake is the FCC's jurisdiction over all things broadband," wrote Craig Moffett, senior analyst with MoffettNathanson Research. The FCC has already been slapped down once by the same court for trying to assert authority to regulate the Internet in the Comcast/BitTorrent case. If the court strikes down the rules, the FCC would have to either appeal or bank on Congress giving it new authority. The court could also just send the FCC back to the drawing boards to craft better rules.