Comcast’s bank account escapes a throttling
Comcast will not be fined for restricting certain types of internet traffic, but it’s likely it will be forced to drop its throttling policy. That decision rests with four Federal Communications Commission members (pictured) who are to consider new rules proposed by chairman Kevin Martin.
The commission will vote at its next meeting, scheduled for 1 August, 2008. If Martin’s plan gets the go-ahead, Comcast could have to change its ways by then end of the year. The cable firm has threatened to challenge the rule if it gets the go-ahead.
And it’s argued that it would be unfair and possible illegal to punish a firm for something that wasn’t already specifically outlawed – which may be one of the reasons the FCC isn’t imposing a fine.
The argument centers on Comcast’s intentionally blocking or slowing filesharing services at peak times to avoid the system getting clogged up. However, the FCC has a policy that (aside from illegal material), internet firms should not be allowed to discriminate between different types of traffic – the ‘net neutrality’ principle.
The big problem is a 2005 FCC policy statement which said carriers could use “reasonable network management” to avoid traffic jams. Two sides arguing about the definition of “reasonable” is usually a guarantee of a looming court case.
Comcast insists its actions come under this description, while Martin says it goes too far. Indeed, he previously alleged Comcast was throttling traffic without even knowing whether the network was congested.
Of course, Comcast has made it clear it doesn’t have much time for the concept of net neutrality. Along with most leading rivals the firm no-showed an FCC hearing on the issue in April.
Now that the FCC has seemingly ruled Comcast has broken its rules on net neutrality, the next legal question will be whether or not the commission has the legal authority to make and enforce such rules in the first place.
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