The Federal Communications Commission (FCC) has ruled against Comcast for violating the Telecommunications Act of 1996 by manipulating customers’ access to BitTorrent, a peer-to-peer file-sharing service. The split decision, 3-2, requires Comcast to adjust the way it manages network access, but did not institute any fine. The FCC ruling reinvigorates the debate on network neutrality—a hotly contested debate on how far the feds ought to go in regulating ISPs’ ability to limit customers’ access.

In the 109th Congress, the idea of network neutrality was an ongoing debate, however legislation was never enacted. Spurred by concern that telecommunications companies have the power to regulate the flow of information over the internet, some in Congress attempted to codify “net neutrality” by prohibiting telecom companies from restricting access or discriminating against any person’s or company’s ability to access or provide lawful content.

FCC Chairman Kevin Martin stated that the ruling is the result of Comcast blocking BitTorrent but not other peer-to-peer applications, regardless of the amount of Internet traffic at any given time. Martin was also critical of Comcast’s early responses to customers and the media that it had nothing to do with an interruption or inability to access BitTorrent. Based on the FCC investigation, Martin concluded that Comcas had, in fact, facilitated the lapse in access to BitTorrent.

Contrary to Martin’s conclusions, the other Republican commissioners claim that the final ruling stands to hamstring ISP engineers' efforts to manage demand for broadband Internet service. An ISP may discriminate against certain applications at certain times to allow for better service so long as such discrimination is equal against all applications and not a particular company, according to the ruling.