applecorped
6th April 2010, 05:54 PM
http://news.cnet.com/8301-13578_3-20001825-38.html?part=rss&subj=news&tag=2547-1_3-0-20
"A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order (http://news.cnet.com/8301-13578_3-10004508-38.html) against Comcast, which had taken measures to slow BitTorrent transfers before voluntarily ending them (http://news.cnet.com/Comcast,-BitTorrent-bury-the-hatchet/2009-1032_3-6235815.html) earlier that year.
Because the FCC "has failed to tie its assertion" of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider's network management practices, wrote Judge David Tatel (http://www.cadc.uscourts.gov/internet/home.nsf/content/VL+-+Judges+-+DST) of the U.S. Court of Appeals for the D.C. Circuit.
Tuesday's decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans (http://news.cnet.com/8301-30686_3-10381355-266.html) to begin drafting a formal set of Net neutrality rules--even though Congress has not given the agency permission to do so. That push is opposed by Verizon (http://news.cnet.com/8301-30686_3-10379932-266.html) and other broadband providers.
Comcast welcomed the ruling in a statement that said: "Our primary goal was always to clear our name and reputation." The National Cable and Telecommunications Association, the cable industry's lobby group, elaborated by saying that Comcast and its other members will "continue to embrace a free and open Internet as the right policy."
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"A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order (http://news.cnet.com/8301-13578_3-10004508-38.html) against Comcast, which had taken measures to slow BitTorrent transfers before voluntarily ending them (http://news.cnet.com/Comcast,-BitTorrent-bury-the-hatchet/2009-1032_3-6235815.html) earlier that year.
Because the FCC "has failed to tie its assertion" of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider's network management practices, wrote Judge David Tatel (http://www.cadc.uscourts.gov/internet/home.nsf/content/VL+-+Judges+-+DST) of the U.S. Court of Appeals for the D.C. Circuit.
Tuesday's decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans (http://news.cnet.com/8301-30686_3-10381355-266.html) to begin drafting a formal set of Net neutrality rules--even though Congress has not given the agency permission to do so. That push is opposed by Verizon (http://news.cnet.com/8301-30686_3-10379932-266.html) and other broadband providers.
Comcast welcomed the ruling in a statement that said: "Our primary goal was always to clear our name and reputation." The National Cable and Telecommunications Association, the cable industry's lobby group, elaborated by saying that Comcast and its other members will "continue to embrace a free and open Internet as the right policy."
:D:D:D:D:D:D:D