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Net Neutrality Faces Appeals Court

  Court Watch  -   POSTED: 2010/01/11 17:35

The FCC and Comcast got their day in court Friday afternoon on the net neutrality issue. A three-judge federal appeals court followed a line of questioning that seemed to favor Comcast, but a decision may not come for months.

The issue is whether Comcast violated FCC rules in blocking Bit Torrent traffic and, also, the broader issue of whether the FCC has the authority to restrict Comcast and other carriers supplying broadband. A back story in the complex issue is highlighted by carriers' complaints that consumers' growing usage of broadband is clogging networks.

"This case underscores the importance of the FCC's ongoing rulemaking to preserve the free and open Internet," said FCC chairman Julius Genachowski in a statement. "I remain confident the commission possesses the legal authority it needs and look forward to reviewing the court's decision when it issues."

Comcast attorney Helgi Walker said the FCC's effort to challenge the cable firm was "a policy statement" and, as such, was not enough for the FCC to reprimand Comcast for seeking to control the flow of Internet traffic over its network. She told the judges: "You can free us of this black mark on our record."

If the decision goes against the FCC, it will still have the option of going to Congress to seek new legislation to deal with the net neutrality issue.


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