3. Consumers are entitled to connect their choice of legal devices that do not harm the network.

4. Consumers are entitled to competition among network providers, application and service providers, and content providers.

No Established Authority

The crux of the FCC sanctions lies with the first and second principles. However, the caveats of "subject to the needs of law enforcement" and "that do not harm the network" provide ample latitude for providers to act to restrict certain activities or types of network traffic.

The Comcast appeal claims "There was simply no federal law to interpret, enforce, or apply against Comcast" in , and the three-judge panel of the appeals court appears to agree with that assertion.