The FCC action was a mere slap on the wrist with no
significant monetary fine. The actions were limited to the FCC
forcing Comcast to be more transparent about its data shaping
practices and to provide the FCC with a plan of how it would stop
discriminatory practices by the end of 2008, which it submitted on
Comcast is still fighting
the ruling and has filed a brief with the D.C. Circuit Court of
Appeals claiming that the FCC based its decision for action against
Comcast on its Internet Policy Principles, which are not officially
commission rules. Comcast argues that since the principles are not
official rules they are not enforceable and asks the court to throw
out the decision.
The FCC for its part says that it has
authority in this instance granted to it by the Communications Act of
1934, the Telecommunications Act of 1996, and because of its
authority over cable companies. Comcast isn't appealing the ruling or
the sanctions reports PC World – Comcast is challenging the
authority of the FCC to examine the issue at all.
wrote in the filing, "The order is unlawful because it enforced
mere policy – not any provision of federal law – against Comcast.
The commission's action was procedurally improper and violated
bedrock principles of fair notice." Comcast continued, "In
short, the FCC erred in enforcing mere policy … and this court can
and should dispose of this case on that ground alone."
FCC on the other hand wrote in its filing, "[FCC] determinations
were lawful and reasonable. The brief also said, "Congress
created the FCC for cases such as this one."
The FCC also
wrote in the statement, "When it [the FCC] approved Comcast's
acquisition of another cable system, the commission warned that any
interference by Comcast with its customers' access to Internet
content and applications would be assessed under the standards of the
Internet Policy Statement. Comcast ignored that crystal clear
warning. It cannot seriously claim to be surprised by the
The FCC plans to vote on making the
Internet Policy Principles official rules as it looks at net
quote: Do we really want 10 companies each putting huge amounts of redundant infrastructure in the same neighborhoods?
quote: this is specialization
quote: What, exactly, would be the harm to the consumer by having 10 companies to choose from?
quote: Your analysis of monopolies and public goods may be a bit simplistic. Do we really want 10 companies each putting huge amounts of redundant infrastructure in the same neighborhoods?
quote: I'm pretty sure I could go out and do all of that and Comcast wouldn't be able to do a thing about it. Tell me how they have a monopoly...
quote: I think it has something to do with Hulu....