What's Next for Net Neutrality?

A federal court recently decided that the FCC does not have the authority to regulate Internet companies’ network management practices. Pillsbury Communications partner Glenn Richards was one of the lawyers approached by The Hill to comment on what will happen next, including the notion as to whether the Commission can try to gets its duties and responsibilities reclassified to include the regulation of Internet companies.

Richards, who represents VoIP providers, gave the following comment:

“They can always appeal. I'm not a gambling guy, but I don't think they will. I'm not sure how they foresee getting a better decision out of a full DC Circuit or the Supreme Court."

Richards added, "The Commission can [still] plow forward with its open Internet proceeding. The issue isn't whether they have jurisdiction, it's whether Title 1 gave them the ability to do more. The FCC can regulate broadband networks because they used to do it. They used to regulate DSL. But the court said, under Title I, you've gone too far. I'm afraid this reclassification overtakes the momentum to do other things, kind of like the broadband plan put a stop to other things. Now there's a bunch of initiatives in the broadband plan. Is this going to get in the way of these? This could become all-encompassing. If they do reclassify, I'm not sure they need the open internet principles anymore, except for maybe the transparency principle. All the other requirements will already be in place.”