11:00 PM -- In the latest in a string of all things probable and expected, Federal Communications Commission (FCC) Chairman Kevin Martin issued a statement this afternoon stressing that he is "disappointed" in Comcast Corp. (Nasdaq: CMCSA, CMCSK)'s decision to appeal a Commission order that will bar the MSO from using its "discriminatory" network management practices by year's end. (See Comcast Strikes Back .)

Though pleased that Comcast will basically comply with a wrist-slap that will give the Commission data on the MSO's new "protocol agnostic" approach by the shovelful, Martin, one of the three FCC'ers who voted for the order, was a bit out of joint about the appeal because, after all, the FCC did approve Comcast's and Time Warner Cable Inc. (NYSE: TWC)'s carving up of Adelphia Communications. (See Time Warner, Comcast Buy Adelphia.)

"When the Commission approved the Adelphia transaction, we put Comcast on notice that we would act upon complaints that the company was willfully blocking or degrading Internet content, and Comcast nonetheless chose to close on that deal. Now, little more than two years later, Comcast has gone to court to contest the Commission’s authority to act on precisely the type of complaint discussed in the Adelphia order," Martin said.

It seems as if Comcast and Chairman Martin just can't learn to appreciate each other.

— Jeff Baumgartner, Site Editor, Cable Digital News