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Kennard: FCC on Shaky Ground in Comcast Decision
From: David Farber <dave () farber net>
Date: Fri, 22 Aug 2008 11:35:05 -0400

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: August 22, 2008 10:11:18 AM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Kennard: FCC on Shaky Ground in Comcast Decision

[Note: Law guru Larry Lessig thinks the FCC decision will stand up if tested in Court, former FCC Chairman Bill Kennard, doesn't think so. I think that Kennard is right on this one. DLH]


Former Federal Communications Commission Chairman and current Obama advisor William Kennard will appear Saturday on C-SPAN's The Communications. He said, speaking as a former FCC general counsel, that if Comcast wants to take the Commission to court over its decision to find the company in violation of its Internet open-access guidelines, it has a "compelling case." While the FCC has said that it has authority to enforce the guidelines, Kennard said that assertion does not necessarily make it so. He said the FCC's jurisdictional basis for the decision is "murky," which is why he, and Sen Obama, favor legislation mandating network neutrality. "Legislation would make it clear to not only network carriers but also the public that network neutrality is enshrined in law, that the FCC has jurisdiction and that it is not going to be subject to years of litigation," he added.


Courtesy of the Benton Foundation <http://www.benton.org>
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