Court Rejects Comcast’s Appeal Of Waiver Denial

The U.S. Court of Appeals for the D.C. Circuit rejected Comcast's challenge of the Federal Communications Commission's decision not to grant it a waiver of its rule requiring the unbundling of security and surfing functions of its set-top boxes. Comcast had argued that it qualified for a waiver; that it needed a waiver to help deliver new digital services and migrate customers to digital; and that the FCC's decision to deny the waiver was arbitrary and capricious given that the commission granted similar waivers to others. The FCC said Comcast didn't need the waiver, adding that it was already offering digital services in all of its markets and was likely to do so absent a waiver. The court found the FCC's explanation "quite reasonable." It said, "With or without a waiver, Comcast has a strong incentive to make as many services available as possible, and to continue introducing new high-value (and high-cost) features."
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