FCC Defends Net Neutrality In Court

The ability of the U.S. government to regulate broadband internet service is back in court, as the Washington D.C. federal appeals court on Friday heard arguments by the cable and telecom industry challenging rules the FCC established earlier this year regarding net neutrality.

Three hours of oral arguments for the case were held in front of a three-judge panel at the DC Circuit Court of Appeals — the same one that has twice before struck down net neutrality regulations. But this time, things might turn out differently. When this court last struck down net neutrality rules early last year, the case hinged largely on whether or not the FCC had the authority to regulate internet providers in such a way without classifying them as a Title II utility. With the commission's vote in February, that is no longer a problem: the FCC has officially reclassified internet services as telecommunications under Title II of the Communications Act.

So this time around, according to The Verge, internet providers are arguing that the FCC did not have the authority to reclassify internet as a "common carrier" service under Title II. Also at stake is whether wireless services should be regulated the same way as home broadband — in the past, wireless providers have been afforded extra leeway to throttle certain connections in order to maintain reliable service. The industries have tried to color the FCC's regulations as anti-entrepeneural. CTIA, the wireless association, warned in a statement that with the new rules, "Instead of letting consumers decide the success of new, innovative mobile services, government bureaucrats will now play that role." Internet providers also claim that the regulations will stifle "investment and innovation."

Re/code Senior Editor Arik Hesseldahl joins Hari Sreenivasan of PBS to discuss.