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| Re: Good but only if it applies to everyone said by TKJunkMail  :Martin is just going after Comcast because it has fought his favorite cause as commissioner - a la carte. If the FCC is stupid enough to fine Comcast, they will lose in court as they have before when targeting cable without any legal authority to do so. I'm just a tech guy, but I wondered the same thing as you until one of the lawyer's at Free Press listed more than half-a-dozen precedents that indicate the FCC already has the authority, enabled via that very Policy Statement.
Have you looked at those arguments? They're quite strong and together they are unassailable. They've been listed in a recent FCC filing and can be read here: »www.freepress.net/node/41653
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1 edit | Re: Good but only if it applies to everyone said by funchords :said by TKJunkMail :Martin is just going after Comcast because it has fought his favorite cause as commissioner - a la carte. If the FCC is stupid enough to fine Comcast, they will lose in court as they have before when targeting cable without any legal authority to do so. I'm just a tech guy, but I wondered the same thing as you until one of the lawyer's at Free Press listed more than half-a-dozen precedents that indicate the FCC already has the authority, enabled via that very Policy Statement. Have you looked at those arguments? They're quite strong and together they are unassailable. They've been listed in a recent FCC filing and can be read here: » www.freepress.net/node/41653 I'd be more impressed with their legal arguments if I thought Federal Circuit & Appeals Courts and the USSC actually based their decisions purely on the law. What they apparently do is decide what they think is right(based on their own personal & political views and on current popular political theory) and then DIG UP precedent to back their decision. They don't appear to work as most people believe - that is base the decision on the law alone. I had a sitting Federal judge as a teacher in graduate school and, off the record & after class, admit that is how many cases are decided. They make a decision and THEN research the law to back the way they want to rule on a case.
So, no matter what the LAW is, the D.C. circuit may very well rule as they have in the past where cable is concerned- against the FCC.
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