Court: FCC Has No Authority to Regulate Comcast

NN comcast FCC.jpg

Comcast was handed a victory Tuesday when an appeals court ruled that the Federal Communications Commission did not have the authority to hand down a 2008 network management enforcement action against Comcast; a move that set off today’s current debate over net neutrality.

“Because the commission has failed to tie its assertion of ancillary authority over Comcast’s Internet service to any ‘statutorily mandated responsibility,’ … we grant the petition for review and vacate the order,” the court wrote in a Tuesday ruling.

The U.S. Court of Appeals for D.C. essentially said that there is no law on the books that gives the FCC the right to hand down penalties regarding an ISP’s network management practices. The FCC had argued that its Internet Policy Principles–a set of four principles the commission developed itself in 2005 that serve as a framework for broadband Internet access–were enough to give it the authority to address the issue, but the appeals court disagreed.

The issue dates back to 2007, when Comcast was accused of blocking access to peer-to-peer sites like BitTorrent. Comcast admitted to delaying traffic during peak times, but denied ever blocking traffic. Interest groups like Free Press and Public Knowledge, however, filed a complaint with the FCC, as did some peer-to-peer companies. In August 2008, the FCC–under former chairman Kevin Martin–handed down an enforcement action against Comcast, which required the company to be more transparent about its network management policies.

Comcast complied with that requirement, but filed an appeal because, it argued, the FCC did not have the authority to hand down an action on this topic because its Internet Policy Principles were developed internally at the FCC and did not go through any formal rulemaking procedure that would make them formal FCC rules.

As a result, Comcast argued, these principles hold no weight. On Tuesday, the appeals court agreed with Comcast’s argument.

‘Policy statements are just that – statements of policy. They are not delegations of regulatory authority,” the three-judge panel wrote in their decision.

Court rules FCC doesn’t have authority to impose net neutrality

No hard details yet, but opponents of net neutrality just scored a big victory — the US Court of Appeals for the District of Columbia has sided with Comcast and ruled that the FCC doesn’t have the authority under current law to impose regulations on internet service providers. Obviously we’re super interested in the wonky minutiae, so we’ll be digging for them — stay tuned.

Update: Okay, we’re reading the opinion (PDF below) and basically it boils down like this: the FCC ordered Comcast to stop filtering Bittorrent on its network in early 2008, and Comcast filed suit, saying the FCC didn’t have the authority to intervene like that. Since there’s no specific law giving the FCC the authority to regulate the internet, the FCC told the court it was using its “ancillary powers,” which allow the agency to take actions needed to fulfill its role — and the FCC was interpreting its role as promoting net neutrality based on the policy statements of Congress. The court said that wasn’t good enough, obviously — we’d bet this gets appealed immediately while Congress goes to work on a specific law authorizing the Commission to impose net neutrality.

Update 2: Here’s the FCC’s response to the opinion:

The FCC is firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans. It will rest these policies — all of which will be designed to foster innovation and investment while protecting and empowering consumers — on a solid legal foundation.
Today’s court decision invalidated the prior Commission’s approach to preserving an open Internet. But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end.

Court rules FCC doesn’t have authority to impose net neutrality originally appeared on Engadget on Tue, 06 Apr 2010 11:16:00 EST. Please see our terms for use of feeds.

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Comcast’s 3D Masters broadcast explained

Still wondering how the first live broadcasts for the new 3DTVs will work? Comcast Fellow Mark Francisco has been working on bringing 3D home for several years now, and was able to clear up some of the questions that you’ve been asking about what takes place before home viewers slip on those “beautifully styled” glasses for the first time. Whether you’d want to, can afford to with the first generation of compatible HDTVs, or why it’s expanding the use of that silly Xfinity name weren’t among them, so for that you’re on your own.

What format/compression will Comcast use on its Masters broadcast and going forward?

Just like DirecTV, Comcast is planning on a side-by-side 1080i (not sure what that is? Check out our breakdown of the different ways to send 3D) MPEG-2 transmission. Mark confirmed what we’d heard previously in our discussion with Bob Wilson from Motorola, on the backend, very little needed changing or updating to enable this transmission, which will take up a 6MHz channel, other than their frame multiplexers. There will also be an h.264 stream and VC-1 (for the Masters.com feed) and for broadcast within hospitality tents at Augusta National.

Will I need a new cable box or have to get a firmware update of some kind to watch 3D?

All of Comcast’s HD set-top boxes connected through HDMI are already capable of handling the signal, so don’t expect a firmware upgrade (unless you’re waiting for remote DVR features, of course) between then and now, although future upgrades will include 3D menus and guide information, which are currently still 2D.

Continue reading Comcast’s 3D Masters broadcast explained

Comcast’s 3D Masters broadcast explained originally appeared on Engadget HD on Fri, 19 Mar 2010 15:49:00 EST. Please see our terms for use of feeds.

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FCC National Broadband Plan: some of your favorite ISPs respond

Yesterday, the FCC submitted its National Broadband Plan to Congress, essentially requesting that six goals be met over the next decade, including sizzlers like access for “every American” to “robust broadband services,”which apparently equals a minimum of 100 million US homes with “affordable” access to at least 100MBps down / 50Mbps up speeds. Pretty heady stuff, we know. We thought we’d contact a few of your friendly ISPs for comment, and we’ve got Comcast, Time Warner and Verizon going on record here — all in all, they’re rather predictable ‘rah rahs’ for the plan, especially considering that whole “affordable” bit. We also threw in part of Google CEO Eric Schmidt’s response. The statements are after the break, and hit the source links for the fuller, long-winded versions.


Continue reading FCC National Broadband Plan: some of your favorite ISPs respond

FCC National Broadband Plan: some of your favorite ISPs respond originally appeared on Engadget on Tue, 16 Mar 2010 16:45:00 EST. Please see our terms for use of feeds.

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Comcast will beat DirecTV to the punch by broadcasting the Masters Tournament in 3D April 7-11

Very cagey way to play it Comcast. While DirecTV, ESPN and Discovery were first to say they would have 3DTV broadcasts back at CES, the cable company will actually be the first to deliver it, starting with the Masters Tournament (but why not the 3D broadcast of the Final Four?) April 7-11. That’s right, the first “live next-generation 3D broadcast of a major sporting event on TV, the first live simulcast of a next-gen 3D event online, and the industry’s first live multi-camera next-gen 3D production” will be on cable (& internet), not satellite or telco. Again, that’s right, if you don’t have a 3D television set up yet, it will also be streamed at Masters.com (no word whether this is a Comcast only or if it will be open to all) for all those with a 3D setup on their PC. We’ll temper our expectations until we see what kind of quality is able to squeeze through Comcast’s fiber backbone and down our neighborhood coax wires, but this should certainly blow away the anaglyph stuff currently offered on VOD. Of course, the old school HD streams will still be broadcast on ESPN and CBS, but if Tiger really does make his comeback at Augusta this should give us a better view of the course (and any residual damage from that “car accident”) than ever before.

[Thanks, Simon]

Comcast will beat DirecTV to the punch by broadcasting the Masters Tournament in 3D April 7-11 originally appeared on Engadget on Mon, 15 Mar 2010 20:56:00 EST. Please see our terms for use of feeds.

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NBC-Comcast deal comes under Justice Department, FCC scrutiny

We can’t say we didn’t warn you. Looks like the kids at Comcast have to answer some questions over at the Justice Department — and the FCC — before they get their hands on NBC. Both agencies have pledged to “examine the transaction closely,” says AP, being ever-vigilant as they are to protect consumers and competition in this free market society of ours. The review could last upwards of a year, but if that means that 2011 could see the debut of NBC-Universal’s “Comcastic!” theme parks, it will all have been worth it.

NBC-Comcast deal comes under Justice Department, FCC scrutiny originally appeared on Engadget on Fri, 12 Mar 2010 10:24:00 EST. Please see our terms for use of feeds.

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Oops: TiVo Premiere won’t have Comcast On Demand

This TiVo Premiere screenshot with a large Comcast On Demand logo on it certainly set a few hearts aflutter yesterday when it was released from the company, but our dreams have turned into bitter, bitter ashes: TiVo tells us this screenshot is actually just a mockup and not indicative of any actual partnership. And double-oops: that other interesting screenshot with “Friends Recommend” on the Browse screen is also a mockup, meaning our hopes for some social-media integration have also been dashed, at least for now. Oh well. Let’s hope our forthcoming Premiere review units can somehow turn these frowns upside-down.

Continue reading Oops: TiVo Premiere won’t have Comcast On Demand

Oops: TiVo Premiere won’t have Comcast On Demand originally appeared on Engadget on Wed, 03 Mar 2010 17:02:00 EST. Please see our terms for use of feeds.

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25 New Ads to Introduce Xfinity to the Masses

Have you heard the exciting news?! Comcast is rebranding as Xfinity! We decided to help them out by calling on our lovely readers to create the first Xfinity ads, and I think they did a bang-up job.

First Place—Jeffer Mitchell
Second Place—Alexander Deluca
Third Place—Die Hard Dan

NBC’s Jeff Zucker talks about Boxee with congress, Boxee talks about The Facts with Jeff Zucker

So, Jeff Zucker of NBC was hanging out his new best friend Brian Roberts from Comcast today, talking up the proposed acquisition in front of Congress. A certain Rep. Rick Boucher asked “what about Boxee?” and things got a little interesting. Jeff says that Boxee was “illegally taking the content that was on Hulu,” as opposed to the “many distributors of the Hulu content that we have legal distribution deals with.” We’re not exactly sure which deals Zucker is referring to, but Boxee’s Avner Ronen takes issue with the first point:

I’d like to set the record straight regarding Boxee’s access to Hulu. Boxee uses a web browser to access Hulu’s content – just like Firefox or Internet Explorer. Boxee users click on a link to Hulu’s website and the video within that page plays. We don’t “take” the video. We don’t copy it. We don’t put ads on top of it. The video and the ads play like they do on other browsers or on Hulu Desktop. And it certainly is legal to do so.

He also takes issue with some of Zucker’s other points, pointing out that Hulu dropped Boxee based on a request from NBC, while Zucker calls it a decision by “Hulu management,” and he also points out that Boxee hasn’t found NBC as open to negotiations as Zucker claims to be, but will be giving it another shot — perhaps with some of that subscription fee cash mixed in somewhere to sweeten the deal? It’s worth watching the short clip on C-Span and reading the entire Boxee rebuttal, even if it won’t make you any less angry.

NBC’s Jeff Zucker talks about Boxee with congress, Boxee talks about The Facts with Jeff Zucker originally appeared on Engadget on Thu, 04 Feb 2010 18:40:00 EST. Please see our terms for use of feeds.

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Comcast smears the XFINITY brand across all its services

Apparently worried its On Demand Online project would suffer the shame of a silly name all by its lonely, Comcast has rebranded its cable TV, internet and phone services as Xfinity TV, Xfinity Internet and Xfinity Voice. Other than the name not much is changing (@ComcastCares will still be doing its thing on Twitter), although the rollout of the new branding (starting next week, the first 11 markets include Boston, Philadelphia, Baltimore, Washington D.C., Chicago, Portland, Seattle, Hartford, Augusta, Chattanooga, parts of the Bay Area and San Francisco) should sync up with 50mbps or high speeds becoming available. Of course, if those slick flame colored letter started showing up on TV repair guy trucks at the same time as a truly revolutionary new DVR software package instead of the slightly spruced up version we’ll be getting over the next few months, then they could call it anything they want to.

Comcast smears the XFINITY brand across all its services originally appeared on Engadget on Thu, 04 Feb 2010 00:42:00 EST. Please see our terms for use of feeds.

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