This seems relevant. Decided April 6, 2010 Because the Commission has failed to tie its assertion of ancillary authority over Comcast's Internet service to any "statutorily mandated responsibility," Am. Library, 406 F.3d at 692, we grant the petition for review and vacate the Order. So ordered. Court decision here : http://pacer.cadc.uscourts.gov/common/opinions/201004/08-1291-1238302.pdf Analysis http://www.reuters.com/article/idUSN0622428720100406 Regards Marshall