Comcast sues FCC, wants P2P throttling order overturned
September 4, 2008
Comcast has done the utterly expected: asked the DC Court of Appeals to review the recent FCC decision against its P2P traffic-shaping solution.
Ever since the FCC handed down its 3-2 decision against cable operator Comcast's network management techniques, Comcast has been expected to sue the FCC. Today, the cable giant made good on those predictions, filing an appeal of the FCC ruling in the DC Court of Appeals, which has jurisdiction over FCC decisions.
The appeal itself is brief: a two-page document, a cover letter, and a $450 check. But the fight that it spawns will no doubt drag on for quite some time, centering on one major question: can the FCC rule against Comcast based on a policy statement that the FCC said was not enforceable at the time?
In a statement today, however, Comcast did admit that the FCC does have the authority to regulate ISPs "in appropriate circumstances and in accordance with appropriate procedures."
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