A Third-Way Legal Framework For Addressing The Comcast Dilemma

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: May 6, 2010 11:51:53 AM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] A Third-Way Legal Framework For Addressing The Comcast Dilemma

A Third-Way Legal Framework For Addressing The Comcast Dilemma
Austin Schlick
General Counsel
Federal Communications Commission
May 6, 2010
<http://www.broadband.gov/third-way-legal-framework-for-addressing-the-comcast-dilemma.html>

Chairman Genachowski has asked me to describe the legal thinking behind the narrow and tailored approach to broadband 
communications services that he introduced for public discussion today.  It springs from a longstanding consensus about 
how the FCC should approach Internet access services; from a recent court decision that casts serious doubt on the 
FCC’s current strategy for implementing that consensus; and from a belief that Congress’s laws and the Supreme Court’s 
decisions provide a way to overcome this new challenge.

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