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Comcast Sues FCC, Says Net Neutrality Order Legally Inappropriate

Comcast has filed suit against the Federal Communications Commission (FCC) today in order to block the agency's decision to sanction Comcast for blocking certain Internet traffic.

Comcast has released the following statement attributed to David L. Cohen, Executive Vice President of Comcast Corporation:

"Although we are seeking review and reversal of the Commission's network management order in federal court, we intend to comply fully with the requirements established in that order, which essentially codify the voluntary commitments that we have already announced, and to continue to act in accord with the Commission's Internet Policy Statement. Thus, we intend to make the required filings and disclosures, and we will follow through on our longstanding commitment to transition to protocol-agnostic network congestion management practices by the end of this year. We also remain committed to bringing our customers a superior Internet experience.

We filed this appeal in order to protect our legal rights and to challenge the basis on which the Commission found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules. We continue to recognize that the Commission has jurisdiction over Internet service providers and may regulate them in appropriate circumstances and in accordance with appropriate procedures. However, we are compelled to appeal because we strongly believe that, in this particular case, the Commission's action was legally inappropriate and its findings were not justified by the record."

The formal petition can be seen here [PDF].

Update 9/4/2008: Statement of Gigi B. Sohn, president and co-founder of Public Knowledge: "We expected Comcast would appeal the Commission's order. The company opposed it every step of the way, even as they failed to disclose their throttling of Internet traffic. We believe the Commission will prevail and the rights of Internet users will be protected."

Update 9/4/2008: Martin responds to Comcast lawsuit: we still want answers

Elsewhere: BroadbandReports, GigaOm, Bits NYT

Read full story: Wall Street Journal

Related topics: Access Providers, Broadband, Law, Net Neutrality, P2P, Policy & Regulation, Telecom

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