Friday, April 9, 2010

D.C. Circuit Reverses FCC Regulation of Broadband Network Management Practices

Davis, Wright Tremaine has penned an an excellent summary of the U.S. Court of Appeals for the D.C. Circuit decision ruling that the Federal Communications Commission lacked authority to regulate Comcast's network practices for its high-speed internet services.

One key takeway is that although the Court invalidated the FCC's approach in this particular case, the opinion (as noted by the FCC) did not categorically reject other statutory means by which the FCC might address "preserving an open Internet." Expect more FCC proceedings, litigation, or legislation addressing the FCC's authority to regulate high-speed internet access under the Federal Communications Act.