Comcast has appealed the FCC’s crazy order in the DC Circuit today. Here’s the statement:
Although we are seeking review and reversal of the Commissionâ€™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 Commissionâ€™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.
It’s a little odd that they have to appeal to resolve the procedural irregularities despite planning to follow the order anyhow. But that’s life.
Media Access Project has already filed appeals in the 2nd, 3rd, and 9th circuits, in an attempt to create a jurisdiction fight that would have to be resolved by the Supremes. MAP wants the court to waive the phase out period for Comcast’s Sandvine system, but that’s simply a pretext for the jurisdiction fight.
Story in Broadcasting and Cable.