A post to the FCC Broadband blog evaluates the effect of the recent ruling in the Comcast-FCC appeal. Austin Schlick, the FCC's General Counsel, presents his (FCC?) view on the affect the ruling has on the recent National Broadband Plan and Network Neutrality (although Mr. Schlick does not use this term in the document). Here.
I guess the immediate motivation behind the legal opinion was to make sure no one will this that the entire plan has been compromised. As Mr. Schlick says "The Comcast/BitTorrent opinion has no effect at all on most of the Plan. Many of the recommendations for the FCC itself involve matters over which the Commission has an “express statutory delegation of authority.”.
Nevertheless, since the ruling cannot be ignored, we get also the following statement - "At the same time, yesterday’s decision may affect a significant number of important Plan recommendations. Among them are recommendations aimed at accelerating broadband access and adoption in rural America; connecting low-income Americans, Native American communities, and Americans with disabilities".
Playing the politically correct tune ..
Bottom line:
"Does the FCC still have a mission in the Internet area? Absolutely. ... We are assessing the implications of yesterday’s decision for each one, to ensure that the Commission has adequate authority to execute the mission laid out in the Plan."
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