The Federal Communications Commission officially adopted Net neutrality rules this week, but the agency's authority to enforce the controversial rules may still be in question.
With the support of Democratic FCC Chairman Julius Genachowski, as well as the two other Democratic commissioners, the agency passed the rules in a 3-to-2 vote. The new Net neutrality rules essentially create two classes of service subject to different rules: one that applies to fixed broadband networks and one for wireless networks. The FCC says this is necessary because wireless networks are technologically different from fixed broadband networks.
The first rule requires both wireless and wireline providers to be transparent in how they manage and operate their networks. The second Net neutrality rule prohibits the blocking of traffic on the Internet. The rule applies to fixed wireline broadband network operators, as well as to wireless providers.
However, Genachowski did not address the question of legal authority in his comments.
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