Several sources are reporting that federal judges have been harsh in their examination of the FCC's action against Comcast
in 2008 for the throttling of Internet traffic from high-bandwidth file-sharing services. "'You can't get an unbridled, roving commission to go about doing good,' said US Court of Appeals for the District of Columbia Circuit Chief Judge David Sentelle during an oral argument. The three-judge panel grilled FCC General Counsel Austin Schlick on the parts of communications law it could cite to justify the Comcast punishment. The FCC argues that it was enforcing an open Internet policy implicit in the law. Judge A. Raymond Randolph repeatedly said the legal provisions cited by the FCC were mere policy statements that by themselves can't justify the commission's action. 'You have yet to identify a specific statute,' he said. The judges' decision in the case could throw into question the FCC's authority to impose open Internet rules."