| reply to fAcEtIOUs
Re: DC Appeals Court will favor Comcast Well, you are not entirely correct. The DC Circuit has a habit of ruling in a manner that favors industry. But the FCC wins from time to time.
Important to this case was the FCC win in the DC Circuit on the issue of banning exclusive cable ISP contracts in multi-dwelling units. In that case the DC Circuit said the FCC's obligations under Section 706 of the '96 Act gave them pretty broad authority to act in the Internet regulatory arena, and they are also on solid ground due to the Supreme Court's ruling in the Brand-X case.
There is a wild card here though. Since Comcast has changed its management practices, and since they were never fined, it is possible that the Court might throw their case out as being moot. The central issue of FCC enforcement of a policy statement might not see the light of day. |
