This seems relevant.
Decided April 6, 2010
Because the Commission has failed to tie its assertion of ancillary authority over Comcast's Internet service to any "statutorily mandated responsibility," Am. Library, 406 F.3d at 692, we grant the petition for review and vacate the Order.
So ordered.
Court decision here :
http://pacer.cadc.uscourts.gov/common/opinions/201004/08-1291-1238302.pdf
Analysis
http://www.reuters.com/article/idUSN0622428720100406
Regards
Marshall