FCC's Authority to Regulate Net Neutrality After Comcast v. FCC [December 2, 2010] [open pdf - 183KB]
"In 2007, through various experiments by the media, most notably the Associated Press, it became clear that Comcast was intermittently blocking the use of an application called BitTorrent™ and, possibly, other peer-to-peer (P2P) file sharing programs on its network. Comcast eventually admitted to the practice and agreed to cease blocking the use of the P2P applications on its network. However, Comcast maintains that its actions were reasonable network management and not in violation of the Federal Communications Commission's ('FCC' or 'Commission') policy. In response to a petition from Free Press for a declaratory ruling that Comcast's blocking of P2P applications was not 'reasonable network management,' the FCC conducted an investigation into Comcast's network management practices. The FCC determined that Comcast had violated the agency's Internet Policy Statement when it blocked certain applications on its network and that the practice at issue in this case was not 'reasonable network management.' The FCC declined to fine Comcast because its Internet Policy Statement had never previously been the basis for enforcement forfeitures. Comcast appealed this decision to the U.S. Court of Appeals for the D.C. Circuit, as did other public interest groups."
CRS Report for Congress, R40234