In an action that may have serious implications for independent musicians and labels, a federal appeals court ruled last week that the Federal Communications Commission (FCC) lacks the authority to enforce “net neutrality.” That’s the guiding principle that preserves a free and open Internet – intended to afford users equal access to all websites, more choices and access to information.

Acting on a legal challenge brought by Comcast, the U.S. Court of Appeals for the District of Columbia, on April 6, overturned a 2008 FCC order finding that the cable giant had illegally and deliberately slowed its customers’ access to a file-sharing service known as BitTorrent. The three-member panel of judges unanimously ruled that the FCC does not have regulatory authority over how Internet service providers (ISPs) manage their networks. As the Future of Music Coalition, an active advocate of net neutrality through its Rock the Net campaign since 2007, points out on its website, Comcast’s “network management” practices initially drew attention when an a reporter for The Associated Press sought to distribute a digital copy of the King James Bible (which is very much in the public domain) via BitTorrent., a popular peer-to-peer file sharing protocol, that admittedly also can be used in the unauthorized transfer of copyrighted material.

The FCC’s net neutrality principles state that “consumers are entitled to access the lawful Internet content of their choice; that they are entitled to run applications and use services of their choice; that they are entitled to connect their choice of legal devices that do not harm the network.” These statements of principle and current FCC rulemaking efforts to codify net neutrality principles that would prevent the targeting of lawful applications by ISPs for anti-competitive or other reasons are now in limbo, as is the regulatory agency’s ability to realize its goal of bringing quality, affordable broadband services to underserved communities.

The Future of Music Coalition (FMC), a national nonprofit education, research and advocacy organization engaged in issues at the intersection of music, technology, policy and law, champions policies that help artists reach potential audiences without the bottlenecks and gatekeepers so common to the original music industry. Founded in 2000 to help keep musicians apprised of the changing musical landscape and provide them with a voice in the issues that affect their livelihoods, it remains committed to what it calls “net neutrality rules guaranteeing that all users – including independent musicians and labels – can compete on a level technological playing field with the biggest companies.” The coalition’s support of net neutrality reflects what it calls “an ongoing commitment to a legitimate digital music marketplace where artists have access and fans can find the music they want.” According to the coalition, “Musicians, particularly those of the independent or niche variety, have benefited tremendously from the openness of the Internet.” Indeed, the Internet has made it possible for many artists to reach people, build fan bases and sell their music without huge financial investment or the backing of major labels.

FMC is concerned that Comcast and other cable and telecommunications companies’ desire to charge Web content providers a fee for faster loading of their sites would relegate to the slow lane those who couldn’t afford to – or didn’t want to – pay a “toll,” and would make it harder for independent artists to compete in a legitimate digital marketplace. The consolidation of radio offers striking parallels, pointing to the inherent dangers of concentrated control on the vitality and diversity of musical and other offerings on the Internet.

The coalition also is a charter member of the larger SaveTheInternet.com Coalition launched by Free Press, a media reform organization. The latter coalition views the Internet as “a crucial engine for economic growth, civic engagement and free speech” and Net Neutrality as the First Amendment of the Internet – ensuring that it remains open to new ideas, innovation and voices. The coalition is calling upon Congress to save the Internet through passage of meaningful and enforceable net neutrality protections and urging the FCC to reclassify broadband as a “telecommunications service” so that it can keep the Internet open and free of corporate gatekeepers.

“Every type of media other than the printed page will soon be delivered by a broadband or Internet connection,” asserts Josh Silver, executive director and co-founder of FreePress.net. Speaking last week with Amy Goodman, host of Democracy Now!, a daily radio and TV news program that airs on more than 800 stations, he said “That means these wonky sort of arcane rules that are being played out at the Federal Communications Commission and in the court ruling, these will shape the media for generations…” Maintaining that the number of choices and independent voices is at stake, Silver urges people to get engaged and take action by visiting savetheinternet.com and adding their voices.