Truth. Really, I have to sympathize with the court on this, they're basically saying "The FCC knows more about communications technology and the economics associated with it than a judge does", which is undoubtedly true. Deciding this sort of thing is what the FCC is for. That doesn't mean they got it right, but short of creating a communication-technology centered appeals court, that's what we've got. The FCC is the correct (currently existing) government institution to be making that kind of decision. Just because they (arguably) made the wrong decision here, doesn't mean it makes sense to have appeals court judges deciding this, as the technology and economic background required to make that decision is not part of their training, nor something they could acquire in the course of a court case.
reply