Net Neutrality: Obama Administration Wins In Court In a decision being both cheered and decried by internet users everywhere, in a 2-1 vote, theU.S. Court of Appeals for the District of Columbia Circuit upheld the Obama Administrations order for the Federal Communications Commission to enforce net neutrality and not allow ISPs and the providers of broadband to pro-rate costs according to what internet users consume. Essentially, the FCC declared the internet a utility last year when it was decided to uphold net neutrality, and is claiming victory with this ruling: The net neutrality order, passed over a year ago, isFCC Chairman Tom Wheelers signature move during awhirlwind time as head of the commission. Todays ruling is a victory for consumers and innovators who deserve unfettered access to the entire Web, and it ensures the Internet remains a platform for unparalleled innovation, free expression and economic growth, Wheeler said in a statement issued shortly after the ruling. After a decade of debate and legal battles, todays ruling affirms the Commissions ability to enforce the strongest possible internet protectionsboth on fixed and mobile networksthat will ensure the internet remains open, now and in the future. The internet providers filed suit against the FCCs ruling on Net Neutrality on first amendment grounds, claiming that mobile broadband was a new service that should not be subject to the 1996 Telecommunications Act, and that the internet itself is not really a utility, arguments that two members of the Circuit Court panel, both Democrat appointees, rejected: The dissent in this case discussed the internet and broadband availability and access as more of a natural monopoly than a utility and questioned the FCCs oversight. Defeating net neutralityhas long been an objective of Comcast, ATT, Verizon, and other bundled internet and cable providers who seek to charge more for using services that use a tremendous amount of broadband, like streaming Netflix, that they say hogs broadband and slows down services to other customers. However, Comcast has admitted that this has been a scheme to keep some revenue streamsprofitable as there would be a discount for using one sort of service or another. Courtesy of Freeper Cyberman: Comcast Admits Broadband Usage Caps Are A Cash Grab, Not An Engineering Necessity For years the broadband industry tried to claim that they were imposing usage caps because of network congestion. In reality theyve long lusted after usage caps for two simple reasons: they allow ISPs to charge more money for the same product, and they help cushion traditional TV revenues from the ongoing assault from Internet video. Comcast is of course slowly but surely expanding usage caps into its least competitive markets. More recently the company has tried to deny it even has caps, instead insisting these limits are data thresholds or flexible data consumption plans. But when asked last week why Comcasts caps in these markets remain so low in proportion to rising Comcast speeds (and prices), Comcast engineer and vice president of Internet services Jason Livingood candidly admitted on Twitter that the decision to impose caps was a business one, not one dictated by network engineering. This admission and stance makes the argument against net neutrality look like a matter of greed rather than business necessity, and to some who believe in equal access, pro-rating services might appear to be a barrier to entry. However, industry insiders have long argued against net neutrality on the very same grounds which the FCC celebrates it. From the Associated Press: And the government having a blank check to regulate a communications tool in the United States should be a non-starter, constitutionally speaking. Forget the pro-rated services that really are a privilege of private enterprise. Telecom industry giants pledge to appeal the ruling, which was always expected to reach the Supreme Court, and are also calling for Congress to change the rules regarding the internet, as in the 20 years since the Telecommunications Act was passed into law (thank you Senator John McCain) the landscape of electronic communications has changed. 