FCC to push for Comcast sanctions over throttling

Chairman Kevin Martin says that the cable provider has run afoul of regulations that guarantee open access to the Internet, and should be punished.

Martin used a September 2005 policy statement from the Federal Communications Commission as the basis for his position, which was intended to ensure that broadband networks were open and affordable. It did however allow for "reasonable network management."

The FCC chairman argues that Comcast is blocking traffic arbitrarily, regardless of how much bandwidth is being used, and is failing to inform consumers of its actions. Its move is a result of an earlier complaint that users of BitTorrent were being blocked from using the service.

A proposal to sanction Comcast was put on the table Friday by Martin, with a vote scheduled at an August 1 open meeting.

Interest group FreePress filed that complaint with the regulatory body in November 2007 (PDF available here). While it mentioned other P2P applications, the focus of its argument seemed to center around BitTorrent.

"Amid online rumors and reports, Comcast lied to both the press and the [Electronic Frontier Foundation], claiming it did not interfere with peer-to-peer traffic," it argued. "Lying to the public about consumer allegations is inherently deceptive."

Comcast had already appeared in a hearing in February with the FCC, where it denied that it blocked any kind of "Web site, application, or Web protocol." However, numerous studies have shown otherwise -- many of which were cited by Free Press in its complaint.

Of course, the cable company denies any wrongdoing, and argues that it is acting lawfully in managing its bandwidth to ensure that all customers are being served properly. It also claims the 2005 policy statement is not enforceable, adding "reasonable" management has never been defined by the agency.

If the FCC approves the sanctions, it could set a precedent where others accused of throttling could face similar penalties. While it is not yet known exactly what they would entail, it likely would be enough for other ISPs to rethink their practices.

"The FCC order, if passed, is a major victory," Free Press said on its site. But the organization said it expected the ISPs to fight back "with their money, lawyers and phony grassroots groups to try to take control of the Internet and establish themselves as gatekeepers."

5:02 pm EDT July 11, 2008 - FCC Chairman Kevin Martin may be backing off somewhat on earlier comments surrounding possible sanctions against Comcast. At a press conference discussing the proposal, he said he would not seek a monetary fine, but rather a policy change. The cable provider would be given a set amount of time to comply, likely until the end of this year.

Comcast vowed to challenge the ruling if it is approved by a majority of commissioners.