U.S. Appeals Court Killed Net Neutrality

Oldgamer

Diamond Member
Jan 15, 2013
3,280
1
0
Link to News Site

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Any semblance of net neutrality in the United States is as good as dead. The United States Court of Appeals for the District of Columbia on Tuesday struck down the Federal Communications Commission’s 2010 order that imposed network neutrality regulations on wireline broadband services. The ruling is a major victory for telecom and cable companies who have fought all net neutrality restrictions vociferously for years.

The original FCC order said that wireline ISPs ”shall not block lawful content, applications, services or non-harmful devices, subject to reasonable network management” while also mandating that ISPs “shall not unreasonably discriminate in transmitting lawful traffic over a consumer’s broadband Internet access service.”

In its ruling against the FCC’s rules, the court said that such restrictions are not needed in part because consumers have a choice in which ISP they use.

“Without broadband provider market power, consumers, of course, have options,” the court writes. “They can go to another broadband provider if they want to reach particular edge providers or if their connections to particular edge providers have been degraded.”

For anyone who lives in a market with limited competition for home broadband services, the court does acknowledge that you might have some “difficulty” in finding another provider but says that it’s still not reason enough to restrict what an ISP can do when it comes to managing its own traffic.

“To be sure, some difficulty switching broadband providers is certainly a factor that might contribute to a firm’s having market power, but that itself is not market power,” the court asserts. “There are many industries in which switching between competitors is not instantly achieved, but those industries may still be heavily disciplined by competitive forces because consumers will switch unless there are real barriers.”

In fact, the court actually argues that the United States is overflowing with competitive options in the home broadband market and cites Google Fiber — which is currently available in only three markets — as evidence that competition is robust.

“But there is no evidence in the record suggesting that broadband providers are carving up territory or avoiding head-to-head competition,” the court writes. “At least anecdotally, the opposite seems to be true. Google has now entered the broadband market as a direct competitor.”

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Wow, well I only have one ISP provider in my area period. I have no choices. In addition, I wonder how much these judges really understand the technology they are ruling on, and understand that there really is no competition. Sigh.. well get ready for higher prices, throttled sites, and such.
 

Sonikku

Lifer
Jun 23, 2005
15,894
4,903
136
In its ruling against the FCC’s rules, the court said that such restrictions are not needed in part because consumers have a choice in which ISP they use.

It's true. If not Time Warner, I can just get dial up internet from Juno instead. Lot's of options.
 

Nintendesert

Diamond Member
Mar 28, 2010
7,761
5
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We have a choice in which ISP we use? Talk about completely out of touch. What a dumbass ruling.
 

chowderhead

Platinum Member
Dec 7, 1999
2,633
263
126
completely wrong decision. The telecoms have consolidated and as you can see from the cable companies, they have divided up the markets. Bogus decision.
 

Genx87

Lifer
Apr 8, 2002
41,091
513
126
We have a choice, a choice determined by our elected officials. Often times decades ago. What a choice in the land of the free.
 

berzerker60

Golden Member
Jul 18, 2012
1,233
1
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Don't worry guys, the free market will solve this problem. Regulations of net neutrality would just pervert this market, as all regulations do. Down the big government telling our job creating telecoms how to do business! I don't see anywhere in the Constitution where it says businesses can't create monopolies and then steer all traffic to their partner websites and services, while artificially protecting their antiquated cable TV business models!
 

shadow9d9

Diamond Member
Jul 6, 2004
8,132
2
0
This is exactly how Republicans and fake "libertarians" don't seem to operate in reality. There is never and will never be a "free market." That is fantasy. In reality, there is collusion, manipulation, and monopolies.
 

Kadarin

Lifer
Nov 23, 2001
44,296
16
81
Don't worry guys, the free market will solve this problem. Regulations of net neutrality would just pervert this market, as all regulations do. Down the big government telling our job creating telecoms how to do business! I don't see anywhere in the Constitution where it says businesses can't create monopolies and then steer all traffic to their partner websites and services, while artificially protecting their antiquated cable TV business models!

Businesses can create monopolies, but cable companies were granted local monopolies by government fiat. Open that up for competition, and then we'll talk about free market.
 

sourceninja

Diamond Member
Mar 8, 2005
8,805
65
91
You can always move to an area with a better internet provider. Imagine how packed the cities with google fiber would become.
 
Apr 27, 2012
10,086
58
86
This is exactly how Republicans and fake "libertarians" don't seem to operate in reality. There is never and will never be a "free market." That is fantasy. In reality, there is collusion, manipulation, and monopolies.

There will be a free market when the government gets out of the way you moron. Socialism doesn't work.
 
Dec 10, 2005
28,322
13,136
136
Businesses can create monopolies, but cable companies were granted local monopolies by government fiat. Open that up for competition, and then we'll talk about free market.

Even if it was opened up, there is a high barrier to entry, that could easily enforce a local monopoly or duopoly.
 

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
Don't worry guys, the free market will solve this problem. Regulations of net neutrality would just pervert this market, as all regulations do. Down the big government telling our job creating telecoms how to do business! I don't see anywhere in the Constitution where it says businesses can't create monopolies and then steer all traffic to their partner websites and services, while artificially protecting their antiquated cable TV business models!

Idiot. How is the free market at fault when this is based on government blessed monopolies?
 

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
This is exactly how Republicans and fake "libertarians" don't seem to operate in reality. There is never and will never be a "free market." That is fantasy. In reality, there is collusion, manipulation, and monopolies.

Monopoly due to government, not the market, idiot.
 
Apr 27, 2012
10,086
58
86
Don't worry guys, the free market will solve this problem. Regulations of net neutrality would just pervert this market, as all regulations do. Down the big government telling our job creating telecoms how to do business! I don't see anywhere in the Constitution where it says businesses can't create monopolies and then steer all traffic to their partner websites and services, while artificially protecting their antiquated cable TV business models!

So you want to attack the free market which has brought more prosperity than your idiotic socialism.
 

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
By taking away net neutrality laws you have just deregulated.

Right, because cable and telephone are so deregulated. :rolleyes:

As usual, the US seems to have the best of both worlds. Government blessed monopolies/oligopolies without the regulation to rein them in.
 

Texashiker

Lifer
Dec 18, 2010
18,811
198
106
In its ruling against the FCC’s rules, the court said that such restrictions are not needed in part because consumers have a choice in which ISP they use.

Uh, yea.

Tell that to rural America where we are lucky to have one provider.
 

fskimospy

Elite Member
Mar 10, 2006
87,859
55,040
136
Interestingly, this was the appeals court that Obama's nominees were continually blocked for. I wonder if the ruling might have come out differently had this not been the case.

Regardless, this is horseshit. Telecoms enjoy effective monopoly power in tons of markets around the US. The idea that we can choose another provider usually ignores the fact that even when there are two providers for an area it is rare for both of them to actually offer competitive products.
 

Texashiker

Lifer
Dec 18, 2010
18,811
198
106
Regardless, this is horseshit. Telecoms enjoy effective monopoly power in tons of markets around the US. The idea that we can choose another provider usually ignores the fact that even when there are two providers for an area it is rare for both of them to actually offer competitive products.

In the town my wife and I just moved from the cable and dsl provider tried to overlap as little as possible. Only in the middle of town did people have a choice between the two.

Once you got away from the business area dsl stopped and the only option was cable.
 

fskimospy

Elite Member
Mar 10, 2006
87,859
55,040
136
Right, because cable and telephone are so deregulated. :rolleyes:

As usual, the US seems to have the best of both worlds. Government blessed monopolies/oligopolies without the regulation to rein them in.

Yeap, this exactly. We have the worst for both worlds, regulation preventing competition and no constraint on the profit motive to abuse that lack of competition.
 

Moonbeam

Elite Member
Nov 24, 1999
74,659
6,725
126
Welcome to the Borg. You have been assimilated. Actually you were when corporations became people and money became speech. We just get to watch as the pieces fall and disappear. Hope seems to have fallen too. Where are the revolutionaries that will save us? Probably all complaining on the internet. Soon you will pay more to complain. The Borg will find a way to profit from that. You may be free to the extent that it results in an income stream.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
That's a 3 judge panel, FCC should appeal to the full court. Let's see what they decide, especially with 3 new Obama appointees.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Good. Net Neutrality is a terrible idea and would be a move to the stone ages of The Internet. It's a TERRIBLE idea from it's very premise and is only supported by idiots who don't understand the Internet or networking in general.