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Comcast sues FCC, wants P2P throttling order overturned


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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."

As the legal process plays itself out, Comcast has pledged to abide by the order and continue its work to move towards a protocol-agnostic throttling system that could slow "heavy users" down to DSL levels for 20 minutes at a time (another piece of the bandwidth management puzzle, hard bandwidth caps, were also announced last month).

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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."

As the legal process plays itself out, Comcast has pledged to abide by the order and continue its work to move towards a protocol-agnostic throttling system that could slow "heavy users" down to DSL levels for 20 minutes at a time (another piece of the bandwidth management puzzle, hard bandwidth caps, were also announced last month).

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this case alone is why you should NOT vote for dnc. BHO vip is super pro riaa and wants to rewrite dmca and copyright laws for his friends, the riaa.

i only wish that fcc tells comcast that monthly GB limits are illegal and against the future growth of the internet.

cable should NOT put on ads saying they got 10 - 20 plus speed compare to dsl when they can NOt support 1-3 mb speed. can you say AOL when they went unlimited?

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