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PostPosted: 07 Apr 2010, 09:16 
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'Lustrous Potentate
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http://news.cnet.com/8301-13578_3-20001 ... 7-1_3-0-20

April 6, 2010 8:15 AM PDT
by Declan McCullagh

Quote:
The Federal Communications Commission does not have the legal authority to slap Net neutrality regulations on Internet providers, a federal appeals court ruled Tuesday.

A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers before voluntarily ending them earlier that year.

Because the FCC "has failed to tie its assertion" of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider's network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.


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PostPosted: 08 Apr 2010, 13:18 
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Grand Poobah
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This article has a slightly different slant.

http://www.wired.com/epicenter/2010/04/fcc-next/

Quote:
Meanwhile, Thursday marks a now odd deadline the FCC’s attempt to bolster its net neutrality authority by creating a proper rule-making process last fall that would have codified the ad hoc principles it used to go after Comcast.

Companies and interest groups were set to file final comments by Thursday on that rulemaking — which rested on the same arguments the court just struck down.

That makes the proceeding mostly useless, even though the FCC will still likely take the comments to heart, if and when it ever regains any authority over broadband.

Read More http://www.wired.com/epicenter/2010/04/ ... z0kXAiPH3K

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