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[Satellite TODAY 04-07-10] The U.S. Court of Appeals for the District of Columbia has ruled against the U.S. Federal Communications Commission’s [FCC] Internet regulations and broadband expansion plan, released in February.
In its ruling, issued April 6, the court stated that the FCC lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.
The court case is based on a 2008 legal challenge filed by Comcast against the FCC, after the commission banned the company from blocking its broadband subscribers from using file-sharing torrent sites. Comcast claims the FCC order is illegal because the agency doesn’t have the ability to create or enforce legal regulations.
The decision puts the FCC’s national broadband plan at risk, which includes a proposal to expand broadband by utilizing government subsidized telephone service in rural communities. “[The FCC] is firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans,” the FCC said in a statement following the ruling.
The FCC’s broadband plan had already been under attack from telcos Google, Verizon Communications and AT&T, which have joined forces to challenge regulations involving the mobile satellite industry.
In addition to complaining about relaxing requirements on satellite providers to deliver broadband service through consumer market devices, Verizon and AT&T claim that the merger between SkyTerra and Harbinger, which was approved by the FCC, would make it more difficult for AT&T and Verizon to lease spectrum from the satellite company and that the FCC “overstepped its authority to impose that condition,” the companies said.
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