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Re: Breaking: Comcast Challenges FCC Order on Net Management Practices
From: David Farber <dave () farber net>
Date: Fri, 5 Sep 2008 08:02:28 -0400



Begin forwarded message:

From: David Bolduc <bolduc () austin rr com>
Date: September 5, 2008 6:58:12 AM EDT
To: dave () farber net
Subject: Re: [IP] Breaking: Comcast Challenges FCC Order on Net Management Practices


On Sep 5, 2008, at 4:47 AM, David Farber wrote:



Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: September 4, 2008 4:42:53 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Breaking: Comcast Challenges FCC Order on Net Management Practices

[Note: This was expected. Now we get to see if the Court sides with Comcast or the FCC. DLH]

Or, in this case, without "siding" with anyone, thinks the FCC overstepped its bounds in the *way* it got where it got - for instance, by exceeding its authority by not going through a public rulemaking process. These appeals tend to be discussed as if the only question were whether the court agrees with the end result, which may be the wrong thing to look at in this case.


Comcast Challenges FCC Order on Net Management Practices

Earlier today, Comcast filed a lawsuit with the U.S. Court of Appeals in Washington, D.C., that challenges the Federal Communications Commission's order concerning the cable operator's network management practices. In early August, the commission, on a 3-2 vote, determined that Comcast's targeting of peer-to-peer traffic resulted in the blocking of internet service to customers. Comcast has based part of its challenge of the FCC ruling on grounds that the agency did not make its decision using pre-existing legally enforceable standards or rules.
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