In a 2-to-1 verdict on Tuesday, the United States Court of Appeals for the District of Columbia Circuit decided to uphold the FCC's rules, which prohibit ISPs from blocking or slowing the delivery of certain internet content to consumers. The ruling upholds the Obama administration’s view that broadband internet should be classed as an essential utility (like electricity or water) rather than a luxury good, and as such should be subject to stringent regulation by the US government to ensure fair delivery to all US citizens. ‘After a decade of debate and legal battles, today’s ruling affirms the commission’s ability to enforce the strongest possible internet protections – both on fixed and mobile networks – that will ensure the internet remains open, now and in the future,’ commented FCC chairman Tom Wheeler in a statement after the decision.

Industry pushback

Cable, telecom and wireless internet service providers have been pushing back against the new FCC rules ever since they were introduced last year, arguing that they overstep the regulator’s authority and threaten the profit models of ISPs. The decision prevents major providers like Verizon, Comcast and AT&T from creating ‘fast’ and ‘slow’ lanes for different internet content – and charging their creators accordingly. While the latest ruling is a major setback for ISPs, AT&T senior executive vice president and general counsel David McAtee II has insisted that the fight is far from over: ‘We have always expected this issue to be decided by the Supreme Court and we look forward to participating in that appeal,’ he commented.

Sources: Ars Technica, New York Times, CNN Money