As Canada’s own investigation into P2P throttling slowly moves to its conclusion, the US investigation into similar practices at cable giant Comcast continues to chug along. Comcast has quite vocally insisted that the FCC doesn’t actually have the authority to address the issue, but a staff attorney at Public Knowledge has dug up a fascinating nugget of information showing Comcast making exactly the opposite claim… when it suits the company’s purposes.In this case, those purposes include avoiding a lawsuit over deceptive advertising, violation of the FCC’s traffic management principles, and breach of contract. A California man brought a suit against Comcast over those issues, but Comcast turned around and asked the judge to stay the case since the issues involved have “been firmly placed within the jurisdiction of the Federal Communications Commission, an administrative agency whose authority to regulate Internet broadband access companies’ services is well-established.”

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