FCC chief says Comcast violated Internet rules

[Brian Warkoczeski]

FCC chief says Comcast violated Internet rules

Company violated agency principles that guarantee open access to Web

July. 11, 2008 - www.msnbc.com

WASHINGTON - The head of the Federal Communications Commission said 
Thursday he will recommend that the nation's largest cable company be 
punished for violating agency principles that guarantee customers open 
access to the Internet.

The potentially precedent-setting move stems from a complaint against 
Comcast Corp. that the company had blocked Internet traffic among users 
of a certain type of "file sharing" software that allows them to 
exchange large amounts of data.

"The commission has adopted a set of principles that protects consumers 
access to the Internet," FCC Chairman Kevin Martin told The Associated 
Press late Thursday. "We found that Comcast's actions in this instance 
violated our principles."

Martin said Comcast has "arbitrarily" blocked Internet access, 
regardless of the level of traffic, and failed to disclose to consumers 
that it was doing so.

Company spokeswoman Sena Fitzmaurice on Thursday denied that Comcast 
blocks Internet content or services and that the "carefully limited 
measures that Comcast takes to manage traffic on its broadband network 
are a reasonable part" of the company's strategy to ensure all customers 
receive quality service.

Martin will circulate an order recommending enforcement action against 
the company on Friday among his fellow commissioners, who will vote on 
the measure at an open meeting on Aug. 1.

The action was in response to a complaint filed by Free Press and Public 
Knowledge, nonprofit groups that advocate for "network neutrality," the 
idea that all Internet content should be treated equally.

Martin's order would require Comcast to stop its practice of blocking; 
provide details to the commission on the extent and manner in which the 
practice has been used; and to disclose to consumers details on future 
plans for managing its network going forward.

The FCC approved a policy statement in September 2005 that outlined a 
set of principles meant to ensure that broadband networks are "widely 
deployed, open, affordable and accessible to all consumers."

The principles, however, are "subject to reasonable network management."

Comcast argues that the agency's policy statement is not enforceable and 
that the commission has "never before provided any guidance on what it 
means by 'reasonable network management.'"

If a majority of commissioners side with Martin, it will be the first 
test of the agency's network neutrality principles. Members of both the 
House and Senate have sponsored network neutrality bills, but they have 
never come close to becoming law.

Large Internet service providers have fought against such regulation, 
arguing that it is a solution in search of a problem and that companies 
that spend billions on their networks must be free to manage traffic.

Ben Scott, federal policy chief for Free Press said Thursday night the 
FCC's action may have consequences for other Internet providers going 
forward.

"This is going to be a bellwether," he said.

Martin, a Republican, will likely get support from the two Democrats on 
the commission, who are both proponents of the network neutrality 
concept. Those three votes would be enough for a majority on the 
five-member commission.