Comcast isn’t the only one questioning the FCC‘s legal authority to find the MSO in violation of the Commission’s Internet open access policy. "It’s pretty clear to me that if Comcast or any other party thought to appeal it, they would have a very compelling case," said former FCC chmn Bill Kennard during an interview with C-SPAN‘s "The Communicators" that airs Sat. Kennard is a former general counsel for the FCC and telecom adviser to Democratic presidential candidate Barack Obama. "The jurisdictional basis in my view is murky," he said, noting that Obama supports net neutrality legislation. "Legislation would certainly clear that up, and it’s not going to be subject to years of litigation. That is the danger we face now." Comcast, which was ordered earlier this month to submit a plan on how it will stop "unreasonable" network management practices, hasn’t indicated whether it will file a challenge to the FCC ruling, though a spokeswoman has said the MSO’s considering legal options. Kennard appeared on C-SPAN to discuss Obama’s approach to issues dealing with tech and telecom. It’s the 1st of 2 programs looking at the plans of the presidential candidates. Asked if Obama has any plans to overhaul the FCC, Kennard said that he has "clearly indicated that he wants to change the way decision making is made in Washington, and generally this would include all the political agencies." As for FCC chmn Kevin Martin‘s a la carte pet project, Obama has not taken a position on it, though Kennard noted that the senator is very concerned about making sure there are opportunities for more diverse programming choices on cable. Some, including various minority groups, have argued that a la carte would reduce diversity. Kennard provided no detail on who Obama might choose to head the FCC should he be elected president, but added that he’s "convinced this is an area of government that will get a lot of focus and attention" because of the Democrat’s love of technology. The interview airs at 6:30pm ET on C-SPAN Sat and repeats at 8am ET, Mon on C-SPAN 2.

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