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Derailed by the D.C. Circuit: getting network management regulation back on track
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Derailed by the D.C. Circuit: getting network management regulation back on track
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Journal Article
Derailed by the D.C. Circuit: getting network management regulation back on track
2010
Overview
As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as \"discriminatory and arbitrary.\" In that Order, the FCC required that Comcast (1) adopt new practices that complied with federal Internet policy and (2) disclose the specifics to its customers and the FCC. Comcast responded by adopting a new practice and, in the alternative, filing an appeal with the United States Court of Appeals for the D.C. Circuit challenging the FCC's authority to regulate network management practices.
