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Comcast Pushes Court to Reverse FCC Decision

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Comcast on Monday continued its push for a reversal of a 2008 Federal Communications Commission enforcement action, but denied that the issue was related to net neutrality.

A D.C. appeals court heard arguments from the FCC and Comcast on Friday. A final ruling has not been handed down, but Reuters reports the three-judge panel appeared critical of the FCC's decision to use its Internet Policy Principles as a basis for its decision.

“It remains our hope that the court will tell the FCC to vacate (withdraw) the Comcast order, and thereby set the record straight and clear our name," David L. Cohen, a Comcast executive vice president, wrote in a blog post.

In 2008, the FCC handed down an enforcement action against Comcast for what it considered to be unreasonable network management. In a complaint with the commission, interest group Free Press accused Comcast of blocking access to P2P sites like BitTorrent. Comcast admitted to delaying traffic to file-sharing sites during peak hours, but denied ever blocking access entirely.

The enforcement action required Comcast to be more transparent about its network management; a request with which Comcast has complied. Still, Comcast appealed the ruling because, it argued, the FCC had no authority to take any action in the first place. The enforcement action was based on policy principles developed by the FCC in 2005 not actual rules or law, Comcast argued.

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