A three-member panel of the U.S. Court of Appeals for the District of Columbia today ruled that the Federal Communications Commission didn’t have the authority to censure Comcast for throttling peer-to-peer packets, and also called into question the FCC’s ability to regulate broadband as a service. The move not only undercuts the FCC’s Comcast decision, but is a huge blow to the agency’s efforts to regulate network neutrality.
However, for those worried that the FCC’s loss means Comcast will start throttling again, a spokeswoman says the cable provider plans to keep its existing network management plan that slows speeds for heavy users only during times of congestion. The FCC has not yet responded for comments, although it could appeal this decision to the entire court of appeals or even to the U.S. Supreme Court. Read more on GigaOM.
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