Wednesday, October 8, 2008 - The Progress & Freedom Foundation Blog

A Point of View: Net Neutrality Regulation in the United States

Barbara Esbin was asked to contribute a piece on network neutrality to "La Lettre de l'Autorite," a newsletter published by the Autorité de Régulation des Communications électroniques et des Postes. The english version can be found here.

Her conclusion:

I have written elsewhere on legal and procedural flaws that may doom the Network Management Order.[1] In summary: (1) the FCC has not been granted explicit authority to regulate the provision of broadband "information services;" (2) the "ancillary jurisdiction" on which the FCC relied was not reasonably related to its other statutorily mandated responsibilities; (3) having failed to adopt enforceable rules concerning broadband network management, the FCC could not lawfully subject Comcast to an "adjudication" concerning its practices; and (4) the Complaint filed against Comcast was defective in several respects and should have been dismissed.

posted by Amy Smorodin @ 10:21 AM | Net Neutrality