COMCAST CORPORATION, Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
NBC Universal, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 8, 2010.
Decided April 6, 2010.
Attorney(s) appearing for the Case
Helgi C. Walker argued the cause for petitioner. With her on the briefs were Eve Klindera Reed, Elbert Lin, David P. Murray, James L. Casserly, and David H. Solomon.
Howard J. Symons argued the cause for intervenors National Cable & Telecommunications Association and NBC Universal. With him on the briefs were Neal M. Goldberg, Michael S. Schooler, and Margaret L. Tobey. Richard Cotton entered an appearance.
Kyle D. Dixon was on the brief for amici curiae Professors James B. Speta and Glen O. Robinson and The Progress and Freedom Foundation in support of petitioner.
Austin C. Schlick, General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, Richard K. Welch, Deputy Associate General Counsel, and Joel Marcus, Counsel. Daniel M. Armstrong III, Associate General Counsel, entered an appearance.
Marvin Ammori argued the cause for intervenors Free Press, et al. in support of respondents. With him on the brief were Henry Goldberg, Harold Feld, and Andrew Jay Schwartzman.
John F. Blevins was on the brief for amici curiae Professors Jack M. Balkin, et al. in support of respondents.
Opinion for the Court filed by Circuit Judge TATEL.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge:
In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider's network management practices. Acknowledging that it has no express statutory authority over such practices, the Commission relies on section 4(i) of the Communications Act of 1934, which authorizes the Commission to "perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent...
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