FCC and net neutrality

Yesterday's appeals court ruling concluded that the FCC lacks authority to regulate net neutrality. In practice, this means that there is no statute or regulation to prevent internet service providers from favoring the delivery of some internet content over other content. It would be legal, then, for internet service providers to charge fees to ensure that some of packets of information arrive ahead of others. For details, check out the NY Times and the Economist:
http://www.nytimes.com/2010/04/07/technology/07net.html?partner=rss&emc=rss
http://www.economist.com/blogs/democracyinamerica/2010/04/net_neutrality

Indeed, internet service providers are controlling content in a number of ways. For example, Windstream Communications, a DSL provider, had been intercepting toolbar search queries such that when a user entered a search query into the Firefox toolbar, Windstream redirected to a Windstream-owned search engine, where the company could derive additional revenue from the captured traffic.
http://www.savetheinternet.com/blog/10/04/05/phone-company-helps-make-case-net-neutrality

Importantly for those who believe that net neutrality is important and that companies should be required to give Web users equal access to all content, yesterday's ruling leaves open the FCC's ability to "assert another basis for issuing a net neutrality rule (for instance, reconsidering its 2002 Cable Modem Order which ruled that cable internet service is neither a "telecommunications service" nor a "cable service" governed by the act)" or Congress's ability to delegate the authority to the FCC or for Congress to enact legislation for net neutrality, since the present ruling is not constitutionally based.