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Comcast to sue FCC over network neutrality

by Iain Thomson

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05 Sep 2008

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Judge's gavel
Comcast is taking the FCC to court

Comcast has stated that it will go to court in an attempt to overturn the ruling by the Federal Communications Commission that it cannot throttle users' bandwidth.

The company issued a statement saying that it was taking the step because the FCC's action was "legally inappropriate and its findings were not justified by the record".

"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 statement.

The Comcast case was taken up after the internet service provider began throttling peer-to-peer and BitTorrent traffic.

The ISP initially denied that it was doing so, but then admitted that it had to do so in order to guarantee network service.

The FCC voted 3-2 that the practice was illegal and gave Comcast 30 days to disclose the extent to which it was throttling services and show how it plans to end such practices by the end of the year. No fine was issued.

The company recently announced that it would be capping users to 250GB of data a month.

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