Comcast Appeals FCC Ruling…. Didn’t See That Coming…. NOT!

You know, I have to admit that sometimes you get blindsided. That’s how I feel as the news that Comcast is appealing the FCC ruling that keeps them from messing with filesharing traffic. Richard Korman of ZDNet received a message from Comcast along with a statement from David L. Cohen, Executive Vice President of Comcast:

“Although we are seeking review and reversal of the Commission’s network management order in federal court, we intend to comply fully with the requirements established in that order, which essentially codify the voluntary commitments that we have already announced, and to continue to act in accord with the Commission’s Internet Policy Statement. Thus, we intend to make the required filings and disclosures, and we will follow through on our longstanding commitment to transition to protocol-agnostic network congestion management practices by the end of this year. We also remain committed to bringing our customers a superior Internet experience.

We filed this appeal in order to protect our legal rights and to challenge the basis on which the Commission found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules. We continue to recognize that the Commission has jurisdiction over Internet service providers and may regulate them in appropriate circumstances and in accordance with appropriate procedures. However, we are compelled to appeal because we strongly believe that, in this particular case, the Commission’s action was legally inappropriate and its findings were not justified by the record.”

This pretty much proves what I said in this post some time ago. The FCC has no way to punish Comcast, and their order is not legally enforcable. The only thing that surprises me is that it took Comcast this long to call them on it. Of course Comcast is covering themselves just in case the appeal doesn’t go their way by continuing to implement everything that the order calls for them to do. But one has to think that this FCC order is about to get deep sixed.

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