Comcast Sends Its Regrets

Comcast, the nation's largest cable company, has opted to sit out tomorrow's Federal Communications Commission hearing on broadband network management practices at Stanford, Portfolio.com has learned.

As a result, the company will not face one of its most prominent critics, Lawrence Lessig, the iconoclastic Stanford law professor and "free culture" advocate who is set to give introductory remarks.

Although invited by the F.C.C. to discuss yesterday's announcement that it is developing a file-sharing "Bill of Rights" with peer-to-peer company Pando, Comcast has declined to attend the hearing.

"Establishing a specific and clearly defined peer-to-peer Bill of Rights is an interesting idea with potentially important implications for all Internet users," F.C.C. spokesman Robert Kenny said in a statement. "In order to learn more about this newly announced joint effort, we have invited Robert Levitan, C.E.O. of Pando Networks, and Tony Werner, Comcast's Chief Technology Officer, or their representatives to participate in the Commission's En Banc hearing on broadband network management practices this Thursday at Stanford University."

No thanks, said Comcast, which in February faced harsh criticism after it was discovered to have paid people off the street to take up space at a hearing on the same topic at Harvard.

Comcast said it sees no reason to participate in the public hearing.

"Comcast has already appeared before the Commission on network management issues and has made extensive filings at the F.C.C. both on our past and current practices as well as our recent announcements," Comcast spokesman Charlie Douglas said in a statement received by Portfolio.com. "We felt issues specific to us were well covered at the first hearing and the focus of this event should be broader than any individual company's issues."

Pando's Levitan — who is based in New York — also said he would not attend, citing an inability to rearrange his schedule. The F.C.C. did not immediately return calls seeking comment on Comcast's decision not to attend the hearing.

Lessig has been an outspoken critic of Comcast. In a February interview with Portfolio.com, Lessig said that one of the reasons he was contemplating a Congressional run — which he ultimately decided against — was that Silicon Valley needs someone in Congress who "can stand up to the representatives from Comcast or wherever and call their arguments malarkey."

Ben Scott, policy director of the advocacy group Free Press and panelist at tomorrow's hearing, criticized Comcast's decision not to attend the hearing.

"It is difficult to have a constructive dialogue about how we can all work together to maintain an open internet if Comcast refuses to participate," Scott said.

by Sam Gustin