IP Democracy: Copps: FCC Can Enforce Net Neutrality

Multichannel News’ Ted Hearn reports that, at a 5/23 press briefing, Democratic FCC Commissioner Michael Copps said the agency can and should move to guarantee network neutrality.

Referring to the Commission’s current non-enforceable and somewhat vague statement of “policy principles,” Copps said “I think we have authority to go now to the second phase of network neutrality, to make sure that there’s not discrimination against those that are not affiliated with the network owners.”

According to Hearn, Copps was referring to the FCC’s authority under Title 1 of the Communications Act, which was referenced in the Brand X decision by Justice Thomas, who wrote “The [FCC] remains free to impose special regulatory duties on facilities-based [Internet-service providers] under its Title I ancillary jurisdiction.”

Copps indicated that the FCC could rely on Title I authority to act. “I think we have a good bit of authority in serving the public interest in keeping the networks open to move ahead on this,” he said.

But Hearn also noted that “some have questioned the FCC’s authority to impose net neutrality on information-service providers under Title 1.” He also pointed out that FCC chairman Kevin Martin “has favored a deregulatory approach…[and] has not endorsed the need for specific agency rules that Copps wants.”

Posted by Mitch Shapiro on May 24, 2006 12:10 AM to IP Democracy