Wednesday, January 15, 2014
Glass half empty? D.C. Circuit Court Decision
TeleFrieden: The D.C. Circuit Court Decision on the FCC’s Open Access Order: "This is “damning with faint praise” at its finest, so much so that the author of the decision condescendingly notes that “even a federal agency is entitled to a little pride” (p. 20) when after losing the first case on network neutrality (Comcast v. FCC, 600 F.3d 642 (D.C. Cir. 2010) the Commission struggled onward to find lawful authority. This decision offers the FCC a generally worthless victory that the Commission can lawfully find some statutory basis for jurisdiction over Internet Service Providers so long as the responsibilities imposed do not constitute common carriage. " 'via Blog this'