[Infowarrior] - FCC chief says Comcast violated Internet rules

[Richard Forno]

FCC chief says Comcast violated Internet rules
Friday July 11, 7:31 am ET
By John Dunbar, Associated Press Writer

http://biz.yahoo.com/ap/080711/internet_regulation.html?.v=5

APNewsBreak: FCC chairman to recommend sanctions against Comcast for  
blocking Internet traffic

WASHINGTON (AP) -- 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.