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But business analysts argue that a perpetual "open access" is unrealistic and ignores the property rights of ISPs.
OpenMarket.org blogger Wayne Crews says the FCC should scale back its control and let market forces dictate the cost of internet access.
"Legitimizing proprietary approaches to network access, strategies and pricing (and enjoying the infrastructure wealth creation that such property rights foster) is the crucial challenge for policymakers," he said.
It will be several weeks before the judges rule, but any decision could have far-reaching impact on internet rules in the U.S. and in Canada where ISPs would see to face the same regulatory environment.