The Gravel For 4/6/10: Net Neutrality In Trouble?

Could be so based on today's ruling that will make Comcast happy, though it's not at all over:

A federal appeals court has ruled that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

Tuesday’s ruling by the United States Court of Appeals for the District of Columbia is a big victory for the Comcast Corporation, the nation’s largest cable company. It had challenged the FCC’s authority to impose so called “net neutrality” obligations.

It marks a serious setback for the F.C.C., which needs authority to regulate the Internet in order to push ahead with key parts of its national broadband plan.

And from the terrific Adam B of the Kos, here's the full lawyer wonky summary of the ruling:

Here's the ruling, and the intro paragraph from Judge Tatel, who is one of the circuit's liberals:

In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider’s network management practices. Acknowledging that it has no express statutory authority over such practices, the Commission relies on section 4(i) of the Communications Act of 1934, which authorizes the Commission to "perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions." 47 U.S.C. § 154(i). The Commission may exercise this "ancillary" authority only if it demonstrates that its action—here barring Comcast from interfering with its customers’ use of peer-to-peer networking applications—is "reasonably ancillary to the . . . effective performance of its statutorily mandated responsibilities." Am. Library Ass’n v. FCC, 406 F.3d 689, 692 (D.C. Cir. 2005). The Commission has failed to make that showing. It 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." The Commission also relies on various provisions of the Communications Act that do create such responsibilities, but for a variety of substantive and procedural reasons those provisions cannot support its exercise of ancillary authority over Comcast’s network management practices.

Now it is in the hands of Congress to decide the fate of net neutrality.

And today's ruling will make it harder it appears.