Tuesday, February 11, 2014
Appeal of net neutrality ruling unlikely; Section 706 powers are too much at risk
The Supreme Court is unlikely to take an appeal of the Federal circuit’s ruling on the “network neutrality” issue, according to a column by Brian Fung. And the FCC may not even appeal it, for doing so could entail loss of regulatory authority that it already has under Section 706. Brian Fung has a short piece in the Switch Blog in the Washington Post here.
Section 706 would still give the FCC the power to go after specific telecomm companies for narrowly construed anti-competitive behaviors or anti-consumer behaviors, especially if they affect deployment of newer forms of broadband. But it would not give the authority to pass blanket regulations preventing content-related or brand-related discrimination.
Maybe it’s a distinction without a difference.
So far, I haven’t personally noticed any differences from the ruling in what happens in my world. But it’s early. The more significant changes in traffic occur mainly because social media (especially timelines) makes news-following much easier for people (without blogs like mine) than it was five years ago.