The Federal Communications Commission (FCC) is now facing a tough hurdle in its controversial push to draft a new set of guidelines that would require Internet providers to equally treat websites and data flowing in their networks.
In a court hearing on Friday, the three judges handling the case questioned the FCC’s authority to impose the “net neutrality” obligations against Comcast Corp., the country’s largest Internet and cable television operator.
It will be recalled that Comcast has filed a case against the FCC over the issue of net neutrality, questioning the agency’s intention in preventing broadband providers in the United States in blocking access to certain websites.
But the FCC said that the new rules should help hundreds of millions of Internet users and stop abuse of control by the IPs over the contents that can be viewed in their high-speed networks.
During the hearing, the lawyers of Comcast argued that the FCC has no authority to impose such rules against the IPs, saying that 2008 order, which bans company from blocking file-sharing websites and other related technologies, was based on the obsolete 2005 net neutrality principles.
The 2005 guidelines has been the basis of the FCC order, which was then headed by Republican Kevin Martin.
The principles also guided the FFC in enforcing communication laws, which include the website control issue.
FCC Chairman Julius Genachowski said that they would continue to push the drafting of the new guidelines that would bind IPs from blocking file-sharing websites.
In a statement, Genchowski said that they are confident that the Federal Court of Appeals would preserve the free and open Internet.
Should the decision of the court go against the FCC order; many of the cases regarding net neutrality would also be affected. This will also undermine the agency’s capability to impose such order on telephone, cable, and Internet companies.
It will be recalled that various giant phone companies and cable operators in the US cried foul over the net neutrality issue following the launching of voice over internet protocol features of websites like Google, saying it is anti-business.