Kennard: FCC on Shaky Ground in Comcast Decision

Former FCC chairman, Obama advisor says operator would have "compelling case" in challenging open-access ruling

By John Eggerton -- Broadcasting & Cable, 8/21/2008 7:25:00 PM

If Comcast wants to take the Federal Communications Commission to court over its decision to find the company in violation of its Internet open-access guidelines, it has a "compelling case."

That's according to former FCC chairman and current telecommunications adviser to Sen. Barack Obama (D-Ill.) William Kennard in an interview for C-SPAN's The Communicators.

Kennard said he was also speaking as a former general counsel at the FCC when supplying his read on the Comcast order.

While the FCC has said that it has authority to enforce the guidelines, Kennard said that assertion does not necessarily make it so. Having read the order, he added, it is "pretty clear" that if Comcast "or any other party" subject to a similar enforcement order took the FCC to court, "they would have a very compelling case."

He said the FCC's jurisdictional basis for the decision is "murky," which is why he, and Obama, favor legislation mandating network neutrality.

"Legislation would make it clear to not only network carriers but also the public that network neutrality is enshrined in law, that the FCC has jurisdiction and that it is not going to be subject to years of litigation," he added.