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Court Ruling on Network Management a Victory for Innovation

By Erin Humiston / IPI
April 6, 2010

DALLAS, TX: Today's DC Circuit Court decision that the Federal Communications Commission (FCC) lacked jurisdictional authority when it imposed fines and penalties on Comcast in 2008 is an unqualified victory for the future of broadband, innovation, job creation and private investment.

"Obviously this attempt to dismantle and discourage current and future innovation has played itself out, as it should, in the courts, and has been soundly defeated," said Bartlett Cleland, director of the Institute for Policy Innovation (IPI) Center for Technology Freedom.

Cleland urged policymakers to now move forward and champion proven market solutions which have and will continue to yield robust innovation, growth and investment—which have remained the hallmarks of the wildly successful Internet boom for over a decade.

"Washington must now guard against attempts at extreme and radical measures to contort the future of broadband to the will of a few," said Cleland.

"While some want the FCC to control the Internet by placing it under Title II, thereby ending the open and free Internet by erecting government tariffs, rules, recordkeeping and reporting, this would amount to nothing more than seizing control of the Internet under the belief that Washington can do a better job crafting an Internet experience than the marketplace," said Cleland.

Similarly, efforts to subvert the legitimate policymaking process and jamming through legislation would only result in jeopardizing the future of broadband, he said.

"Now that this question is settled, we should all find ways to work toward continuing to expand the availability of broadband to as many American households as possible," said Cleland.

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