Comcast Claims FCC Can't Enforce Net Neutrality Rules
The cable giant tells the FCC that its 2005 policy statement has no force of law.
It should come as no surprise to FCC Chairman Kevin Martin that Comcast is contending that the agency has no legal authority to stop it from throttling P2P applications like BitTorrent during peak network hours. After all, Martin said so himself three years ago. Comcast is facing a complaint filed at the Federal Communications Commission, which claims the company's network management practices violate the FCC's Internet Policy Statement issued Aug. 9, 2005. Comcast contends its practices are reasonable under FCC rules and even if the FCC found Comcast in violation, the agency has no authority to enforce the rules.To read more about Comcast's battle with the FCC, click here.
Comcast denies violating the FCC's net neutrality principals. Click here to read more.
Cohen said that in Boston Comcast has never blocked customer access to legal content: not now and not when the Associated Press and the EFF (Electronic Freedom Foundation) conducted tests-badly flawed in design and execution, Comcast suggests-last year that prompted the FCC complaints. He said Comcast seamlessly transfers upload requests delayed by network management to other computers in the network. "What we are doing is a limited form of network management objectively based upon an excessive bandwidth-consumptive protocol during limited periods of network congestion," Cohen said. "We do manage our networks, but don't let the rhetoric of our critics scare you. Every network is managed." The FCC's Comcast investigation is the agency's first test of its network neutrality principles. In 2005, prior to the passage of the FCC's Internet Policy Statement, the FCC fined a North Carolina telecom holding company $15,000 for blocking VOIP calls that competed with the company's own Internet voice service. In addition to the fine, Madison River Communications agreed to refrain from blocking VOIP traffic and to put measures into place to ensure that such blocking won't happen again. Martin has said he wants to move quickly on the Comcast complaint. In addition to the February hearing in Boston, the FCC has set an April 17 hearing at Stanford University.







