Kennard: FCC on Shaky Ground in Comcast Decision

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: August 22, 2008 10:11:18 AM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Kennard: FCC on Shaky Ground in Comcast Decision

[Note:  Law guru Larry Lessig thinks the FCC decision will stand up if  
tested in Court, former FCC Chairman Bill Kennard, doesn't think so.   
I think that Kennard is right on this one.  DLH]

KENNARD: FCC ON SHAKY GROUND IN COMCAST DECISION

Former Federal Communications Commission Chairman and current Obama  
advisor William Kennard will appear Saturday on C-SPAN's The  
Communications. He said, speaking as a former FCC general counsel,  
that if Comcast wants to take the Commission to court over its  
decision to find the company in violation of its Internet open-access  
guidelines, it has a "compelling case." While the FCC has said that it  
has authority to enforce the guidelines, Kennard said that assertion  
does not necessarily make it so. He said the FCC's jurisdictional  
basis for the decision is "murky," which is why he, and Sen Obama,  
favor legislation mandating network neutrality. "Legislation would  
make it clear to not only network carriers but also the public that  
network neutrality is enshrined in law, that the FCC has jurisdiction  
and that it is not going to be subject to years of litigation," he  
added.

<http://www.broadcastingcable.com/article/CA6589526.html?rssid=193>

Courtesy of the Benton Foundation <http://www.benton.org>
RSS Feed: <http://www.warpspeed.com/wordpress>




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