Court Orders FCC to Cease Exceeding its Statutory Authority.

Dan Miller's Blog ^ | April 8, 2010 | Dan Miller

[DanMiller]

The decision may upset some big plans the FCC has for us.

On April 6, 2010, a three judge panel of the Federal Court of Appeals for the District of Columbia Circuit held unanimously in Comcast Corporation v. FCC that the Federal Communications Commission (FCC) had over-stepped its statutory authority by attempting to regulate aspects of cable internet service not contemplated by statute.

[DanMiller]

The Comcast decision is interesting, and not only for its impact on net neutrality. It articulates well the principle that regulatory agencies are dependent upon statutory law for jurisdiction, a notion often overlooked.

[Tzimisce]

The FCC will just try something else.

[SJSAMPLE]

“statutory authority”

Congresscritters will just write another law.

[Tucker39]

Even more interesting that after the ruling by the Court, the FCC in so many words (under their breath, maybe) told the Court to go commit fornication upon themselves, and that they, the FCC Commissioners, are going to find a way to perpetrate and implement net neutrality on the internet anyhow! Hide and watch!

[the_devils_advocate_666]

The EPA needs to be knocked down a notch next.

[Ol' Dan Tucker]

Congresscritters will just write another law.

Exactly.

by attempting to regulate aspects of cable internet service not contemplated by statute...

[DanMiller]

I've written an article on just that subject, and understand that it will be published at Pajamas Media in a day or two.

[DanMiller]

Congresscritters will just write another law. Maybe, but maybe not. I remain hopeful that there may be a different majority in the Congress next year, and that may change things.