Breaking : Appeals court rejects FCC authority for Net Neutrality

Hotair ^ | APRIL 6, 2010 | ED MORRISSEY

[RobinMasters]

The DC circuit Court of Appeals gave the Obama administration a big dash of cold water on the limits of its authority to impose rules on communications networks today. In essence, the court recognized Comcast’s property rights to determine its own terms of service for Internet use, and the implications could affect Barack Obama’s plans to mandate broadband expansion as well (via Story Balloon):

A federal appeals court ruled Tuesday that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

The ruling by the U.S. Court of Appeals for the District of Columbia is a big victory for Comcast Corp., the nation’s largest cable company. It had challenged the FCC’s authority to impose so-called “net neutrality” obligations on broadband providers. …

The decision also has serious implications for the massive national broadband plan released by the FCC last month. The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities.

[RobinMasters]

[RobinMasters]

Ping

[ClearCase_guy]

Will Obama notice? Will he care? Or will he just go ahead with his plans? In the past, he has not allowed other parts of the government to get in his way.

[penelopesire]

Bingo!
Watch for Obama to do an end run around the ‘pesky’ courts. He is a commie dictator now.

[bgill]

Nobody says no to the usurper without facing dire consequences. He’s already blasted the Supremes on national tv and stomped on the Constitution. What’s a little court decision to him? Rules are for the little people.

[11th Commandment]

I wonder what the Lame Stream Media reaction will be?

Court supports hate speech on the internet?

Court strikes down Fair Play on the Internet?

American people infuriated by Court's decision to allow bias on internet?

[WellyP]

“The DC circuit Court of Appeals gave the Obama administration a big dash of cold water...” More like FUBO!

[jacknhoo]

The totalitarian authoritarian Obama will use his Executive Order to overrule or Congress certainly has the power to pass a new or revised law that changes/reverses the meaning or scope of the law as interpreted by the Court. The Supreme Court really and truly does not have the final say. And the legislative history of the new law usually states that it was intended to overrule the specific previous Court ruling.

[Waco]

The SCOTUS will gleefully continue to support this treason that is underway!!!!!!

[MsLady]

Haha, and thank God.

[Red Badger]

Then he’ll nationalize them................

[justiceseeker93]

OK, I understand that the FCC was trying to stick its nose into the services provided by Internet servers, but could someone please explain the bottom line political considerations of this issue? More specifically, can you please explain how the political content of the Internet would be skewed to the left if the FCC got its way? At least that’s what I understood Rush Limbaugh’s take on this to be today, but I didn’t quite understand the technical jargon.

[WayneM]

Because the FCC “has failed to tie its assertion” of regulatory authority to any actual law enacted by Congress, the agency does not have the authority 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.

So now, class... Which law, passed by Congress and signed by the President, gives the EPA authority to regulate CO2 emissions?

[thethirddegree]

I hope God strikes Obama where he stands and that it is obvious that Divine Judgment has taken place.

[Phillipian]

It’s already obvious that Divine Judgement has taken place. On us.

[manic4organic]

ESAD, Obongo!

[SaraJohnson]

They would have been able to take control over the internet as the FCC sees fit. One thing liberals want to do is force everyone to use thier real names on everything they write and post so that liberals can harass them at their jobs and homes. They want to harness the power to issue liscences to use the interent and issue punishment to those who misbehave and revolk their liscence to use the interent. This would be done through banning “hate” speech. That would be your speech if you are not a Marxist.

From my understanding, Net Neutrality was sold as the camel’s nose under the tent. It gave the FCC the power to regulate the fees charged for services; would have given them the power to order free services for those who could not afford it. They are of the mind that using the interent is a “right.”

It’s a great thing that the court slapped them back. Now the Liberals have to get interent control law through the Congress. Obama can’t just do as he pleases thru the FCC.