On Sat, Apr 10, 2010 at 5:43 PM, Richard Bennett <richard@bennett.com> wrote:
The FCC is structured in such a way that the chairman calls all the shots on policy matters. In this instance, the former chairman, Kevin Martin, was responsible for the Comcast order but the current chairman, Julius Genachowski, had to defend it in court. Some wags insist that the defense was a bit lackluster because Genachowski didn't much care for the legal basis of the Comcast order, which relied on a lot of smoke and mirrors to regulate aspects of edge network behavior that Congress never told the FCC to regulate. The defense relied on some legal theories that weren't used in the order itself, and that's a no-no in an appeal. The court took the rather extraordinary step of suggesting arguments that the FCC could have used in the appeal that it didn't use. ... Research Fellow Information Technology and Innovation Foundation
It should probably be noted, for purpose of establishing bias, that Richard is a Washington lobbyist, hired to represent Comcast on regulatory matters. What he views as overstepping legal bounds, others may view as protecting consumers... Drive Slow, Paul Wall