The court, however, pointed the agency to a section of the Telecommunications Act that gives it broad authority to ensure broadband deployment. That section of telecom law, the court said, could be used as authority to pass net neutrality rules.
The question of content providers paying for traffic prioritization has come up in recent months after Netflix entered into a commercial peering arrangement with Comcast, the largest U.S. broadband provider, in February. The deal gives Comcast subscribers faster speeds when watching Netflix videos.
Still, Netflix, in a blog post last month, called on the FCC to pass strong net neutrality rules to prevent large broadband providers from asking for increasingly higher fees to deliver traffic.
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