Comcast has fired the next shot in its ongoing battle with the Federal Communications Commission over the management of the cable giant's broadband network, asking a federal court to overturn the FCC's Aug. 1 decision that Comcast violated the FCC's network neutrality principles.

The FCC ruled that Comcast violated the agency's Internet policy when it throttled peer-to-peer traffic by BitTorrent. The agency also found that Comcast misled consumers when it did not properly disclose its P2P policy. In a three to two vote, the FCC ordered Comcast to stop blocking traffic, disclose to the FCC the full extent of the cable giant's traffic practices and keep the public informed of its future network management plans.

Comcast contends that its practices are reasonable under FCC network management rules and that even if the FCC found Comcast in violation the agency has no authority to enforce its network neutrality principles.

"We filed this appeal in order to protect our legal rights and to challenge the basis on which the Commission found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules," Comcast Executive Vice President David L. Cohen said in a statement.

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