'The Law Is Whatever the Nobles Do': Undue Process at the FCC

123 Pages Posted: 26 Feb 2016

See all articles by Barbara S. Esbin

Barbara S. Esbin

Cinnamon Mueller

Adam David Marcus

Institute for Humane Studies

Multiple version iconThere are 2 versions of this paper

Date Written: 2009


Kafka's parable "The Problem of Our Laws" holds certain applicability to the August 2008 decision of the Federal Communications Commission to extend regulatory authority over the broadband network management practices of Comcast Corporation and "adjudicate" its behavior against a set of policy principles. The FCC's means of asserting regulatory authority over broadband Internet service providers' network management practices is unprecedented, sweeping in its breadth, and seemingly unbounded by conventional rules of interpretation and procedure. We should all be concerned, for apparently what we have on our hands is a runaway agency, unconstrained in its vision of its powers.

Keywords: network neutrality, FCC, broadband, administrative law

Suggested Citation

Esbin, Barbara S. and Marcus, Adam David, 'The Law Is Whatever the Nobles Do': Undue Process at the FCC (2009). CommLaw Conspectus - Journal of Communications Law and Policy, Vol. 17, No. 2, 2009. Available at SSRN: https://ssrn.com/abstract=2737714

Barbara S. Esbin

Cinnamon Mueller ( email )

1333 New Hampshire Ave., NW
2nd Floor
Washington, DC 200036
United States

Adam David Marcus (Contact Author)

Institute for Humane Studies ( email )

3401 N. Fairfax Drive
Arlington, VA 22201-4432
United States

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