On Sat, Apr 10, 2010 at 5:43 PM, Richard Bennett <rich...@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
