After its first set of Net Neutrality rules were voided by Federal Courts, the FCC announced its intent to try again. It's effort to revive the rules continued even after majorities in both the U.S. House and Senate sent a letter advising the FCC not to pursue its stated intent to reinstate the Network Neutrality rules without addressing the concerns that led to the court's previous finding that the FCC had no legal basis to regulate key areas addressed in the earlier rules. The FCC has finally published the new rules in the Federal Register, and the rules, for now, are set to be in effect after November 20, 2011.
The new rules do not appear to substantially differ from those originally posted last December. As such, it incorporates an assertion of authority that Federal Courts have consistently ruled (since 2005) that the FCC does not have. Several telecommunication firms have already challenged the new proposed rules, but were told that they would have to wait for the new rules to be formally published before the Courts would consider challenges. Expect challenges to be quickly filed, and enforcement of the new rules to be stayed. And I wouldn't be surprised that these new rules will eventually also be voided by the Courts.
Sources - Net Neutrality Rules to Take Effect Nov. 20, Broadcasting & Cable
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