Administrative and regulatory law is a prickly beast. And when it comes to net neutrality, Comcast’s deep pockets are going to make certain that net neutrality slows to a crawl. Today, the U.S. Appeals Court for the District of Columbia held against the FCC finding that the Commission does not have the authority to exercise jurisdiction to force net neutrality over the cable giant. The Court stated:
The Commission may exercise this ‘ancillary’ authority only if it demonstrates that its action . . . is ‘reasonably ancillary to the … effective performance of its statutorily mandated responsibilities.’ The Commission has failed to make that showing.
The FCC will likely appeal the ruling and Congress will likely step up its efforts to pass legislation governing internet speeds.