However, FCC’s chairman, Julius Genachowski released a statement to clarify agency’s stance on the whole issue, “The court decision earlier this week does not change our broadband policy goals, or the ultimate authority of the FCC to act to achieve those goals.
The court did not question the FCC’s goals; it merely invalidated one technical, legal mechanism for broadband policy chosen by prior Commissions.”
Speculations were rife that FCC is in the process of changing some of its objectives to abide by the law after the ruling.
But Genachowski had given clear cut indication that the agency will march forward with its original plan to provide broadband facility in every American home.
“Our implementation plan lays out a roadmap for reforming universal service to connect all Americans to broadband, including in rural areas,” said Genachowski.
“It is essential that the Commission act on this roadmap to protect America’s global competitiveness and help deliver the extraordinary benefits of broadband to all Americans.”
Tracking the incident
The whole incident started back in 2008 when series of complaints were received from broadband users. Following these complaints, FCC got into action and told Comcast to stop blocking users from accessing certain peer-to-peer exchange applications on its BitTorrent service. BitTorrent allows its users to share data legally/illegally and other data.
At first Comcast denied interfering with BitTorrent service. It later admitted that it did make certain changes in the bandwidth of the service to manage web traffic. Soon Comcast filed a legal complaint with appeals courts; questioning FCC’s authority to chastise the company.
Last week Comcast won when three judge panel ruled in favor of Comcast saying that FCC, “relies principally on several congressional statements of policy, but under Supreme Court and D.C. Circuit case law statements of policy, by themselves, do not create 'statutorily mandated responsibilities.”
FCC can re-brand access service
According to Susan Crawford, an ex-Obama advisor and a professor at the University of Michigan Law School, FCC could pursue its objective of net neutrality and providing widespread broadband access in every American home by simply re-branding its internet services as "telecommunications services," instead of "information services.”
"The FCC has the legal authority to change the label, as long as it can provide a good reason," said Crawford.
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Autor(en)/Author(s): Priyanka
Quelle/Source: The Money Times, 12.04.2010
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