The most immediate ramification of Comcast's net neutrality victory over the Federal Communications Commission this week is that ISPs might feel less inclined not to interfere in the traffic running over their networks. However, the implications range well beyond that, coloring every aspect of the broadband marketplace.

Painted with the broadest strokes, Comcast's court win in the U.S. Court of Appeals for the D.C. Circuit means that the FCC does not have the authority to regulate broadband providers based on its net neutrality principles. Net neutrality proponents insist that if the fruits of competition--innovation, investment, competitive pricing--are to grow, the FCC must have the power to take action in the broadband arena.

"As a result of this [court] decision, the FCC has virtually no power to stop Comcast from blocking websites. The FCC has virtually no power to make policies to bring broadband to rural America, to promote competition, to protect consumer privacy or truth in billing," S. Derek Turner, research director for consumer advocacy group Free Press, said in a news release.

Large Internet services companies, such as Google and Amazon, have sided with the FCC on net neutrality for a similar reason. Without regulation, they warn, some access providers could speed traffic to their partners' sites and slow traffic to their competitors' sites. 

Following the court's decision, Comcast said that it too believes in net neutrality. Stating that its goal in the court case was to "clear [its] name and reputation," the company said it "remains committed to the FCC's existing open Internet principles."

The ruling has implications for other areas of FCC policy-making as well. FCC Chairman Julius Genachowski had voiced interest in expanding the net neutrality principles to wireless networks, but the ruling will only embolden opposition to this effort. What's more, parts of the commission's recently launched National Broadband Plan, including provisions regarding privacy, transparency and security, could be called into question.  

The FCC maintains that the appeals court ruling did not undermine its basic position on broadband networks. In a statement, spokesperson Jen Howard said that the decision "invalidated the prior Commission's approach to preserving an open Internet. But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end."

Statements out of the commissioner's office offer insight into the possible next steps in what has become a largely partisan debate. Republican Commissioner Robert McDowell said that he hopes the court ruling will not lead to reclassifying broadband services under the same category as the legacy telecommunications services. Meanwhile, Democratic Commissioner Michael Copps said that broadband should be treated as a telecommunications service. "We are dealing with a broadband information ecosystem where many parts come together to form a complex, synergistic and interdependent whole...We should straighten this broadband classification mess out before the first day of summer," Copps said.

As the ruling churns up the long-simmering debate, Congress may move to play a larger role. Rep. Ed Markey, D-Mass., who has authored net neutrality legislation, was among several lawmakers who voiced support for the commission. Markey said he will continue to work toward providing the FCC with any additional authority it needs.

"It is important to note that the Court neither called into question the wisdom of network neutrality policies nor did it exonerate Comcast for its unreasonable interference with lawful consumer Internet use," Markey said. "Clearly, the Court's decision must not be the final word on this vitally important matter, and I intend to work vigorously to ensure an open Internet for generations to come."

For more:
- see the Free Press statement
- see the Comcast statement
- see the FCC's statement [pdf]
- see Rep. Markey's statement

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