The Technology Liberation Front - Latest Comments in Former FCC Chairman: Comcast Action Legality “Murky”

Re: Former FCC Chairman: Comcast Action Legality “Murky”

BubbaDude — Mon, 25 Aug 2008 16:26:15 -0000

As long as Comcast hasn't been ordered to do anything there aren't already doing, it's not clear they should challenge the order anyhow. The one part that would annoy me if I were Comcast is open-ended disclosure of network data to the FCC. This has a competitive impact as it opens details of network operation to Comcast competitors.

The order is also not specific with respect to exactly what they're supposed to stop doing and why: is it about RSTs, quotas, or DPI? In what combination?

The FCC doesn't want to say which practices are permitted, which are banned, and how a person of ordinary intelligence can tell the difference.

Re: Former FCC Chairman: Comcast Action Legality “Murky”

cordblomquist — Mon, 25 Aug 2008 13:54:22 -0000

So Comcast and other ISPs should let the FCC continue along for a little while and as soon as they get uppity, challenge the decision in court. It might be much more politically advantageous to have a headline like "FCC's five year-old network neutrality regime illegal" rather than one that reads "Comcast decision repealed." Might make the FCC appear illegitimate and incompetent as a regulatory body.

Re: Former FCC Chairman: Comcast Action Legality “Murky”

BubbaDude — Mon, 25 Aug 2008 06:37:24 -0000

Comcast and the telcos are split on this question. The telcos believe that an unchallenged order takes the wind out of the sails of the people who want a specific net neutrality law from Congress and President Obama, but Comcast doesn't see a difference between being singled out for abuse one way or the other. If I were a betting man, I'd put a few bucks on Comcast going to court.

There are substantial benefits to a regulatory regime that can be blown up any time it gets truly annoying, so there's an outside chance Comcast will let it lie.

Re: Former FCC Chairman: Comcast Action Legality “Murky”

cordblomquist — Sun, 24 Aug 2008 23:39:52 -0000

Does anyone know if Comcast is planning to move foward with an appeal? Or is it more political convenient for Comcast to let sleeping dogs lie and live under an illegal regime?

Re: Former FCC Chairman: Comcast Action Legality “Murky”

Barbara Esbin — Sun, 24 Aug 2008 17:22:46 -0000

I agree wholeheartedly with what Cord has written about the need to maintain the rule of law and cub the FCC's propensity to expand its regulatory reach beyond its statutory boundaries. I have written about this and other issues in my recent piece, "The Law is Whatever the Nobles Do: Undue Process at the FCC." Although I wrote the piece prior to release of the Comcast P2P Order, having now reviewed the Order, I stand by my analysis. There are myriad legal and procedural problems with the FCC's action, and they will likely doom its chances on appeal. For the complete analysis, please see: http://www.pff.org/issues-pubs/pops/2008/pop15....