How the FCC Can Protect the Internet from Pro-Corporate Judges and Greedy Telecoms

Depending on whom you ask, the Internet is either set to replace or already has replaced the telephone as the most important medium of communication. As more and more people log on, the goal of regulating the industry so that the web remains a place where everyone can access all content without obstacles set up by online providers is of paramount importance.

The Federal Communications Commission (FCC) has long regulated industries such as telephone, radio, and television, but commissioners learned last week that they can't really regulate the companies that sell us Internet access. The D.C. Circuit Court's 3-0 ruling concluded that the congressionally-appointed telecommunications regulator had overstepped its authority in demanding net neutrality from Comcast, a major internet service provider (ISP) Net neutrality is the principle that all Internet content must be treated equally by internet service providers, where no content is given preferential treatment by ISPs.

There is a viable path for the FCC to circumvent the pro-corporate ruling; the commission has the power to change the way it classifies internet access services. So far two of the five FCC commissioners are on board; net neutrality only needs one more -- and a petition campaign fueled by people power has been launched to push the commission to support what is so clearly in the public interest.

Comcast v. F.C.C.

The D.C. Circuit Court's case stems from the FCC's discovery in 2007 that Comcast had been slowing down some of its high-speed Internet consumers' traffic to peer-to-peer file-sharing applications like BitTorrent. In effect, Comcast had been placing some sites on a traffic "fast lane," and others on a "slow lane." The agency demanded that Comcast stop on the grounds that ISPs cannot discriminate against specific types of web data. Though Comcast first denied they had interfered with the network speed to peer-to-peer sites, they later agreed to end the undisclosed interference. The next year, the FCC  issued an order finding Comcast in violation of federal Internet policy.

In turn, Comcast sued the public commission, saying it did not have the power to enforce net neutrality. On April 6, the federal appeals court threw out the FCC's order. The FCC's lawyer on the case, Marvin Ammori, wrote on his blog: "It means, essentially, that the largest phone and cable companies can secretly block dozens of technologies used by large corporations, nonprofits, and individuals to speak and organize, and the FCC can do nothing to protect us."

The FCC, in enforcing net neutrality, was trying to ensure the Internet remains a level playing field, where no sites are on a "fast lane," and no sites are on a "slow lane." ISPs like Comcast have argued that controlling certain sites' load times will prevent high-bandwidth users -- like file-sharers -- from clogging the web for everyone else. But it's a slippery slope.

"ISPs want to be able to charge for prioritized Internet access," says Chris Riley, policy counsel for Free Press, a media reform non-profit that supported the FCC during the case. "Essentially AT&T can go to Google and sell them prioritized channels for their content. Or NBC merges with Comcast" -- this is actually in the works -- "and no one can buy a fast lane."

But even if fast lanes are sold at the same price to everyone, small players may still be priced out, Riley says.

"Right now the beauty of the Internet is that everyone has the same opportunity. That's why the Internet has been the vehicle for innovation that it has been," Riley says. "We want all players, small or large, independent, individual or incumbent, to have the same opportunities."