Why Comcast Can't Appeal

[zatoicchi]

As the Comcast/BitTorrent Complaint appears to wind down to its final conclusion, the critical questions revolve around whether the FCC has authority to resolve the complaint at all. Comcast argues that the FCC never gave any warning it would “enforce the policy statement,” that it has no basis for doing so anyway, and that even if the FCC had any authority, it would need to have a rulemaking to make rules first before it could resolve any complaints. At the same time, in a last ditch effort to avoid what looks like a total win for Free Press and the other parties to the complaint, Comcast has quietly floated the idea of a settlement decree. As bait for a settlement, Comcast holds out the risk of going to court and having the D.C. Circuit — famed for its open hostility to FCC ancillary jurisdiction and industry regulation generally — find that the FCC has no authority whatsoever to regulate broadband practices. It also has attempted to intimate that deciding this by adjudication would somehow make it more difficult for a future FCC to actually establish rules.

Why Comcast Can't Appeal (http://www.publicknowledge.org/node/1670)

[anon]

oh come on a lot of time has passed, what they knew would happen did, and Comcast still tries to play "i didn't do it, really" instead of lying low and admitting they were aware of their actions?

[zatoicchi]

good for them, i hope they learn some lessons regarding their situation..the nerve of them to even try and appeal:mad2:

[Aurion]

at last this is their final battle,lets see what decisions courts might authorize to them !! :baeh:

[anon]

http://img255.imageshack.us/img255/4083/comcastbq9.gif

no really, if comcast "keeps it up" that's how they're gonna end...