said by JasonOD :

TK, the FCC has no authority over how ISP's manage their network, plain and simple. Comcast knows this, but whether it's worth fighting a slap on the wrist is for them to decide. AT&T clearly knows this as well, and with the likely exponential growth of their 3G wireless services (the iPhone is only the begining), they're prudently setting usage rules up front, rather than deal with the problems of P2P on their wireless network at some later date.

As to Martin, if he does take any kind of hard line with AT&T or any provider regarding managing their network, 1) The FCC will be sued & 2) They'll be consequences when Martin comes looking for work when his tenure is over. Neither of which I believe the man wants to see.