Does the FCC have the legal authority to regulate the Internet?
It is by no means certain that the Commission has the legal authority to promulgate network neutrality regulations. Even if the FCC were given such authority, the Justice Department and the FTC are better suited to make judgments as to anti-competitive behavior. The lack of a clearly defined policy of network neutrality is mainly owing to there being no clearly identified problem in the first place that such a policy would efficiently address. Congress has not given the Commission the authority to regulate the Internet for the purposes of ensuring network neutrality, nor have they, or the Executive, or the Courts, even clearly defined such a policy.
