Comcast said almost a year ago that they were going to go after the FCC because of the FCC’s rather lame attempt to stop Comcast from throttling their users. Well, they finally got around to filing the paperwork according to ARS Technica. Their main argument is this:
“For the FCC to conclude that an entity has acted in violation of federal law and to take enforcement action for such a violation, there must have been ‘law’ to violate,” Comcast’s Opening Brief [Warning: PDF] to the court contends. “Here, no such law existed.”
The article then goes on the explain the reasons why Comcast feels that they’re being unfairly picked on by the FCC as well as a brief history of this issue. It’s an interesting read and I hope you take the time to read it.
In any case, if I were the FCC I would solve the problem this way: Get congress to pass laws that outlaw throttling. That way there is a law that covers the sort of behavior that Comcast has engaged in. Problem solved.