As expected, Comcast is appealing the Federal Communications Commission's August decision to sanction the cableco for throttling P2P traffic and violating net neutrality principles.
The Philadelphia-based company is arguing that the FCC can't sanction it for violating a principle, only a rule, and since no FCC rule exists on net neutrality, the issue is moot.
The FCC ordered Comcast to stop blocking the traffic by year's end and to provide it with more details of its network management practices. It didn't levy a fine against the company. Comcast has said it will abide by the FCC ruling and also is in the process of revealing how it manages traffic.
Congressional Democrats, meanwhile, have initiated efforts to pass net-neutrality legislation.
"We filed this appeal in order to protect our legal rights and to challenge the basis on which the [FCC] found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules," Comcast Executive Vice President David L. Cohen said in a written statement.
FCC Chairman Kevin Martin said he was disappointed by Comcast's decision.
- see the Wall Street Journal story
Martin wants Comcast to pay. Martin report
Verizon's not alone in its throttling. Throttling report
Comcast and BitTorrent have said they are collaborating on solutions to throttling. Comcast report
BitTorrent last month seemed to be following its own path toward solutions. BitTorrent report