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Re: Kennard: FCC on Shaky Ground in Comcast Decision
From: David Farber <dave () farber net>
Date: Fri, 22 Aug 2008 16:45:27 -0400



Begin forwarded message:

From: "Bob Frankston" <Bob19-0501 () bobf frankston com>
Date: August 22, 2008 3:23:10 PM EDT
To: <dave () farber net>, "'ip'" <ip () v2 listbox com>
Cc: "'Dewayne Hendricks'" <dewayne () warpspeed com>, "'Lauren Weinstein'" <lauren () vortex com>
Subject: RE: [IP] Kennard: FCC on Shaky Ground in Comcast Decision

Given that Comcast went right ahead with a different "moralistic" policy (in defining heavy usage and what the penalty should be) policy this may well be moot. And it’s also moot as long as 99% of the capacity is held aside for service provider’s own services.

This is why I keep arguing that the only solution is a structural one -- not structural separation as that it just like the 1984 divestiture. We need to restructure the industry into services and infrastructure as unrelated industries. Anything less is business as usual with different ways of gaming the rules.

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Friday, August 22, 2008 11:35
To: ip
Subject: [IP] Kennard: FCC on Shaky Ground in Comcast Decision



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]

KENNARD: FCC ON SHAKY GROUND IN COMCAST DECISION

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.

<http://www.broadcastingcable.com/article/CA6589526.html?rssid=193>

Courtesy of the Benton Foundation <http://www.benton.org>
RSS Feed: <http://www.warpspeed.com/wordpress>




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