FCC's First Network Neutrality Ruling taken to Court

Comcast is appealing a Federal Communications Commission ruling that the company is improperly blocking customers' Web traffic, triggering a legal battle that could determine the extent of the government's authority to regulate the Internet. Comcast challenged the FCC decision Thursday in the U.S. District Court of Appeals in Washington. Comcast executive vice president David Cohen said in a statement that the company is seeking "review and reversal" of the FCC order and that the commission's action was "legally inappropriate and its findings were not justified by the record." While the FCC action did not include a fine, it does require Comcast within 30 days to disclose the details of its "discriminatory network management"; submit a compliance plan describing how it intends to stop these practices by the end of the year; and disclose to customers and the commission its new plan. Cohen said Thursday that the company will comply with the FCC's order. Prior to the FCC action, the company had said it will switch to a management technique that treats all users the same by the end of the year. Meanwhile, the Media Access Project, representing Consumers Union PennPIRG and Vuze Inc, filed appeals in New York, Philadelphia and San Francisco. Although MAP's clients hailed the FCC's action against Comcast, they want the courts to eliminate the FCC's Dec. 31 deadline and make Comcast comply with the agency's order immediately. "Comcast can very easily drag this out at least until we get into a new FCC," said MAP attorney Harold Feld. "Who knows? They may be able to get the FCC to continue to delay and never actually give us the injunctive relief that we asked for."