The media advocacy group's Ben Scott further calls it

regrettable that the court tossed out an important public interest protection against excessive media consolidation. Congressional intent in the Cable Act of 1992 is very clear--the goals of federal policy in the cable industry are to promote competition, consumer choice and a diversity of programming. And yet today we have a cable cartel--the video industry is dominated by only a handful of large cable operators and studios.

Today consumers experience perpetual price hikes by large operators that already have market dominating purchasing power to decide the fate of new channels. The promises of lower prices through competition from satellite and telecom companies in the video business have never been realized.

While today "the court ruled the FCC's action as 'arbitrary and capricious,'" Free Press reminds us of how "the same court threw out the rule in 2001, but it was reinstated by the FCC in 2008 due to fears of growing market power of big cable companies."

Last month, AT&T admitted to restricting the SlingPlayer Mobile iPhone application from streaming live on its 3G network, claiming the service would cause congestion. But now, the New York Times reports that Major League Baseball's live stream "will play regardless of whether an iPhone is connected to a WiFi network or a 3G network."

This spring, Free Press sent a letter to the FCC asking the agency to confirm that wireless networks must adhere to the Internet Policy Statement, which protects consumers' right to access any online content and services on any device of their choosing.

Free Press policy director Ben Scott says that "this is exactly the kind of arbitrary intervention in the open Internet marketplace that consumers should fear in an industry dominated by powerful network owners," and states the need for AT&T to "provide consumers with the same access to any online video service of their choice."

Here's the issue I think we need to wrestle with: Wireless service providers are largely deciding what phone you can use. We don't see that happening in similar markets.

Your broadband provider doesn't decide what kind of computer you can connect to at the end of your DSL or cable wire. And 40 years ago, the FCC ruled in the historic Carterfone decision that AT&T couldn't pick and choose which phones can and can't connect to its network.

The pertinent question Kerry comes to is: "Is the status quo the right model for maximizing innovation, competition and consumer choice? Or do we need a change?"