In the near future, Internet users may have to pay (don't forget to add taxes) if they want to visit their favorite websites or view a video, read a tweet, or like a post on Facebook. There can also be limitations to what sites can be accessed in favor of those who can control web traffic. This is a hypothetical scenario that is now a big possibility after the U.S. appeals court tried to kill Net neutrality in a decision that favored businesses that want to grab Internet access by the neck for more profits. However, the Federal Communications Commission (FCC) controls the defibrillator to make sure the Internet will remain its openness.
The likes of Verizon, Comcast, and other providers might be celebrating after the court declared invalid provisions on the Open Internet Order that gives the FCC power to ensure that ISPs cannot discriminate and block traffic. With the ruling, ISPs can essentially build pay walls that will prevent users from accessing content and websites from reaching their audience.
"The Commission, we further hold, has reasonably interpreted section 706 to empower it to promulgate rules governing broadband providers' treatment of Internet traffic, and its justification for the specific rules at issue here-that they will preserve and facilitate the "virtuous circle" of innovation that has driven the explosive growth of the Internet-is reasonable and supported by substantial evidence. That said, even though the Commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates. Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such. Because the Commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order," the ruling read.
FCC Chairman Tom Wheeler, however, is not giving up on Net neutrality and will do all it can to ensure that Internet service providers will not resort to abusive practices for their own gain. Wheeler sees a bit of light in the ruling.
"The court invited the commission to act, and I intend to accept that invitation. Using our authority, we will readdress the concepts in the Open Internet Order, as the court invited, to encourage growth and innovation and enforce against abuse," he said during a conference with members of the Minority Media & Telecom Council.
While the FCC chair did not detail how abuses can be prevented, he guaranteed the public that all means will be exhausted by the commission.
"I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment. We will consider all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans," Wheeler said in a statement.
In a blog post, Wheeler made clear his perspective with regard to the threat on Internet openness.
"...the FCC also is not going to abandon its responsibility to oversee that broadband networks operate in the public interest. It is not going to ignore the historic reality that when a new network transitions to become an economic force that economic incentives begin to affect the public interest. This means that we will not disregard the possibility that exercises of economic power or of ideological preference by dominant network firms will diminish the value of the Internet to some or all segments of our society," he wrote.
"There is nothing about the foregoing that should cause serious anxiety, either to those watching out for the interests of internet users, or of those building and operating the facilities that make up the Internet. The key message is that the FCC has the authority - and has the responsibility - to regulate the activities of broadband networks. We will have ample opportunity to debate ways and means, to consider specifics in specific cases as they arise. But, there is no justification, and no serious basis, for doubt about the fundamentals," Wheeler's post read.
Wheeler further emphasized that FCC will fight for its jurisdiction using all means possible. He pointed out that the commission's jurisdiction is not debatable.
In all these legal hullabaloo, Wheeler sounds much like the movie character Rocky Balboa who lived by the dictum that "it ain't about how hard you hit. It's about how hard you can get hit and keep moving forward; how much you can take and keep moving forward."
It is good to know that Rocky won all his battles.
