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FCC To Investigate Comcast For Blocking Net Traffic

Decision could shape future of net neutrality legislation

by Martin H. Bosworth
ConsumerAffairs.com

January 9, 2008 

"Sure, we're going to investigate and make sure that no consumer is going to be blocked," Martin said while speaking at the Consumer Electronics Association trade show.

He said the FCC supports the right of consumers to gain equal access to the Internet as part of its policy statement of principles, but allows an exception for networks to manage their traffic in certain circumstances.

"The question is going to arise: Are they reasonable network practices?" Martin said. "When they have reasonable network practices, they should disclose those and make those public."

Independent investigations by the Electronic Frontier Foundation (EFF) and the Associated Press found that Comcast monitored usage of file-sharing applications such as BitTorrent, and when users tried to upload large files, Comcast would send messages blocking the communication. The messsages appeared to be from the user receiving the file.

The findings reignited the debate over "net neutrality," the principle that all Internet traffic should be treated equally.

The Save The Internet coalition filed a petition with the FCC urging it to take action against Comcast for violating net neutrality principles. Advocacy groups Free Press and Public Knowledge filed a complaint urging Comcast be fined $195,000 for every violation that was documented.

Comcast has also been served with at least one customer lawsuit claiming Comcast deceived customers with marketing that promised "unfettered access to all the Internet has to offer."

Comcast, for its part, insisted that any measures it took were part of what executive vice-president David Cohen said was "reasonable network management." "Comcast plans to work with the Commission in its desire to bring more transparency for consumers regarding broadband network management," Cohen said.

Singled out

Although the FCC has promised to study net neutrality issues in depth, it has largely adopted a laissez-faire attitude towards regulating or investigating cases of content blocking under Martin's chairmanship.

Martin pushed hard to ensure the merger of AT&T and BellSouth was approved in Dec. 2006, a merger that only won support from other FCC commissioners when the telecom giant promised to support net neutrality on its networks for two years after the merger--a promise Martin said that his commission would not work hard to enforce.

But Martin, in contrast to his normally hands-off attitude toward telecoms, has zealously pursued a regulatory agenda against cable companies, asking for everything from "a la carte" programming tiers to the end of multi-dwelling unit (MDU) contracts between cable providers, apartment complexes, and condominiums.

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