FCC enforcing imaginary laws in P2P ruling, says Comcast

Almost a year ago, Comcast pledged that it would sue the Federal Communications Commission over its Order sanctioning the cable ISP for peer-to-peer throttling. Now, the company has filed its case with the United States Court of Appeals for the District of Columbia Circuit. Although Comcast's legal arguments are complex, the crux is simple: there were and still are no statutes or credible regulations that support the Commission's authority to act on this matter, the company says.

"For the FCC to conclude that an entity has acted in violation of federal law and to take enforcement action for such a violation, there must have been 'law' to violate," Comcast's Opening Brief to the court contends. "Here, no such law existed."

Undoubtedly, many parties will soon file with the court in opposition to and agreement with Comcast's legal claims. But Comcast had to file first. Here's a summary of what they say the FCC did wrong in punishing the company.

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gamesR4fun3770d ago

"If the Commission truly believed that any statutory provision was directly enforceable against Comcast’s conduct, it would not have premised the Order entirely on ancillary authority," Comcast writes. "Ancillary authority"—what the hell does that mean?

it means you cheated your clients via a proxy if u will

* Main Entry: an·cil·lary
* Pronunciation: \ˈan(t)-sə-ˌler-ē, -ˌle-rē,

1 : subordinate, subsidiary <the main factory and its ancillary plants>
2 : auxiliary, supplementary <the need for ancillary evidence>

i imagine ancilary could also refer to the software u used to cap ur users b/w more likely you hired an outside agent or sub to do the dirty work.