FCC's Authority to Regulate Net Neutrality After 'Comcast v. FCC' [April 29, 2013] [open pdf - 340KB]
"A major debate over the government's role with respect to the Internet is currently occurring. Legally, one of the major questions appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet service providers (ISPs) manage Internet traffic over their networks. The FCC adopted an Internet Policy Statement in 2005 that expressed the agency's support for a policy of nondiscrimination toward Internet traffic, subject to reasonable network management. In 2007, through various experiments by the media, most notably the Associated Press, it became clear that Comcast was intermittently blocking the use of an application called BitTorrent™ and, possibly, other peer-to-peer (P2P) file sharing programs on its network. Comcast eventually admitted to the practice and agreed to cease blocking the use of the P2P applications on its network. However, Comcast maintains that its actions were reasonable network management and not in violation of the FCC policy."
CRS Report for Congress, R40234