United States DC Circuit

In a petition for review of the FCC's order concluding not only that it had jurisdiction over an internet service provider's network management practices, but also that it could resolve the dispute through adjudication rather than through rulemaking, the petition is granted where: 1) the FCC relied principally on several Congressional statements of policy, but statements of policy, by themselves, did not create statutorily mandated responsibilities; and 2) the Commission also relied on various provisions of the Communications Act that did create such responsibilities, but for a variety of substantive and procedural reasons those provisions could not support its exercise of ancillary authority over petitioner's network management practices.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

Court

• United States DC Circuit

Counsel