COPPS: FCC CAN IMPOSE NET NEUTRALITY

[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The Federal Communications Commission has authority under current law to
ensure that broadband-access providers -- currently mainly cable and
phone companies -- do not discriminate against Web-based providers of
content, search services and applications, FCC commissioner Michael
Copps said Tuesday. Speaking to reporters, Copps stressed that it was
essential for the agency to go beyond hortatory policy principles and
adopt enforceable rules that guarantee network neutrality and shield
Internet companies without wires into millions of homes from potential
misconduct by companies that control those wires. “I think we have
authority to go now to the second phase of network neutrality, to make
sure that there’s not discrimination against those that are not
affiliated with the network owners,” Copps said in a press briefing held
in his office . Although some have questioned the FCC authority’s to
impose network neutrality on information-service providers under Title I
of the Communications Act, the U.S. Supreme Court issued a majority
opinion last June indicating otherwise. “The [FCC] remains free to
impose special regulatory duties on facilities-based [Internet-service
providers] under its Title I ancillary jurisdiction,” Justice Clarence
Thomas wrote in National Cable & Telecommunications Association vs.
Brand X Internet Services. Copps indicated that the FCC could rely on
Title I authority to act. “I think we have a good bit of authority in
serving the public interest in keeping the networks open to move ahead
on this,” he said.
http://www.multichannel.com/article/CA6337396.html?display=Breaking+News


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