NCTA and NBC Universal file brief in Comcast network managment case

NCTA, NBCU: FCC BitTorrent Order 'Shackles' ISPs [Multichannel News]

The cable industry's trade association, NCTA and NBC Universal have filed a joint brief with the U.S. Federal Appeals Court for the D.C. Circuit in the dispute between Comcast and the FCC regarding the cable operator's network management practices with respect to peer-to-peer protocols. As many readers recall, the FCC sanctioned Comcast just over a year ago for violations of the Commission's network non-discrimination guidelines. Comcast has contested the sanctions on the basis that the FCC's guidelines had not been formally adopted as rules.

The NCTA and NBCU filing indicates that the FCC's recent decision to plunge into a formal rule-making process for network non-discrimination would tend to support Comcast's contention that the Commission had not already adopted the guidelines as rules under which it sanctioned Comcast and that the Commission has admitted that Internet service providers need some leeway in managing their network to provide an enjoyable broadband experience for all users.

"[T]he FCC has now acknowledged that there is a legitimate need for network management by ISPs," the brief said. "Just a few weeks ago, in moving to establish the principles of the Policy Statement as enforceable rules, the FCC stated that it "recognize[s] the importance of preserving and protecting broadband providers' flexibility to manage their networks in a way that benefits consumers and will further the safety, security, and accessibility of the Internet' and that it is seeking to 'provide greater clarity regarding the Commission's approach ...[and] to provide greater predictability.' The FCC has now effectively conceded that the principles of the Policy Statement are not 'clear' as to 'who must comply and in what way' and disavowed the standard for reasonableness employed in the Order as 'unnecessarily restrictive.' "

It's hard to prove the negative but we know that without proper network management practices, the Internet would become a big pile of useless wires and electronics.  This new FCC should be methodical in its review of this very complex and critical issue.

The federal court will hear arguments in the case on January 8th of next year.

Comments

[Rob Jones]

"This new FCC should be methodical in its review of this very complex and critical issue."

I totally agree, and the reason we need the FCC is because the ISPs and telcos can't be trusted to manage themselves.

Otherwise we would all be paying $249.99 per month for Dialup (I exaggerate of course).