Since shortly after the April 2010 federal appeals court's Comcast decision

Since shortly after the April 2010 federal appeals court's Comcast decision Now that Congress has recessed until at least after the November elections, it is wherever a good time to assess where things now stand - and what ought to come next - with regard to the proposals for government-imposed net neutrality regulations. These are the proposed regulations intended to prohibit any differential treatment of Internet traffic by Internet service providers.

Since shortly after the April 2010 federal appeals court's Comcast decision, which casts strong doubt on the Federal Communications Commission's authority to regulate Internet service providers, I have argued that, if the FCC is to take any action at all to impose net neutrality rules, it should do so only if Congress explicitly grants it authority to do so. And I have suggested that any such legislation granting the agency authority to regulate the practices of Internet providers should be narrowly circumscribed. In mid-June, I even suggested model language to accomplish this purpose.

Under my proposal, the FCC would be given authority "to prohibit broadband Internet service providers from engaging in acts or practices that are determined to constitute an abuse of substantial, non-transitory market power and which cause harm to consumers." And the agency's rule making authority would be narrowly circumscribed; its regulation of Internet providers would be exercised primarily through adjudication of individual complaints alleging abusive practices.