Comcast challenges FCC authority

I don't have time to review this right now, but I wanted to get it up ASAP. Comcast is appealing the FCC decision on network management, even though it plans to comply. Here's the message I received:

In connection with its filing today in the Court of Appeals for the D.C. Circuit of an appeal of the Federal Communications Commission's Memorandum and Order on network management adopted August 1, 2008 and released August 20, 2008, Comcast has released the following statement attributed to David L. Cohen, Executive Vice President of Comcast Corporation:

“Although we are seeking review and reversal of the Commission’s network management order in federal court, we intend to comply fully with the requirements established in that order, which essentially codify the voluntary commitments that we have already announced, and to continue to act in accord with the Commission’s Internet Policy Statement. Thus, we intend to make the required filings and disclosures, and we will follow through on our longstanding commitment to transition to protocol-agnostic network congestion management practices by the end of this year. We also remain committed to bringing our customers a superior Internet experience.

We filed this appeal in order to protect our legal rights and to challenge the basis on which the Commission found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules. We continue to recognize that the Commission has jurisdiction over Internet service providers and may regulate them in appropriate circumstances and in accordance with appropriate procedures. However, we are compelled to appeal because we strongly believe that, in this particular case, the Commission's action was legally inappropriate and its findings were not justified by the record.”

Here's the formal petition (PDF)