Comcast goes on the offensive in traffic shaping debate

By Justin Mann on August 17, 2009, 6:00 PM
Comcast has dealt with a lot of negative press in the past few years after it was revealed that they were partaking in traffic throttling. The FCC got wind of it and investigated the matter, ultimately dictating that what Comcast was doing is illegal. For a quick recap of where they stand now, you can take a look at numerous past articles covering the respective actions of both sides.

After the FCC found Comcast to be at fault, it was rumored that the ISP giant fight back. This started last year, when Comcast began their appeals, and now the company is continuing the fight by taking the FCC to court.

The premise behind their legal move is that the FCC has no real authority on the situation, relying on “imaginary” laws to prosecute them. Comcast argues that sanctions against it were based on a list of network neutrality principles but denies doing anything wrong in the first place, network management-wise.

What's Comcast up to? Clearly, the company wants to set the record straight and ensure they can govern their network how they see fit. If Comcast broke no laws, the courts might shut down the FCC's order. However, this may also come back to bite them in the future, as the current administration seems to support net neutrality principles and new legislation to enforce it has recently been proposed in congress.

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