F.C.C. Chairman Martin Responds to Comcast "Net Neutrality" Appeal

Sam Gustin notes: Federal Communications Chairman Kevin Martin has responded to Comcast's lawsuit challenging the regulator's power to enforce the government internet rules the cable giant was found to have violated.

In a statement, Martin said he was disappointed in Comcast's lawsuit, but said he was pleased that the cable giant will abide by the ruling, even as it challenges the F.C.C.'s authority to enforce the principle of network neutrality -- which requires that all Web traffic be treated equally.

"Given Comcast's past failure to disclose its network management practices to its customers, it is important Comcast respond to the many still-unanswered questions about its new management techniques," Martin said. "In particular, what exactly does it mean by a 'protocol agnostic' management technique?"

Martin was referring to Comcast's pledge earlier this year that it is shifting its network management policies to an approach that doesn't focus on a particular type of network activity -- such as peer-to-peer traffic -- but rather on those users who consume the most bandwidth.
 
"Will there be bandwidth limits and, if so, what will they be?" Martin asked. "Will they be hourly? Monthly? How will consumers know if they are close to a limit? If a consumer exceeds a limit, is his traffic slowed? Is it terminated? Is his service turned off?"

Comcast recently said that starting October 1, it is instituting a 250GB monthly cap on broadband consumption, and users who exceed that cap twice in a six month period would face having their service terminated for one year.

Separately, the Open Internet Coalition, a pro-network neutrality group, said Comcast's appeal illustrates the need for Congress to pass legislation ensuring the principle is enshrined in law and enforceable by the federal government.

"While last month's FCC ruling was a major step forward in the fight for an open internet, Comcast's appeal of the decision may roll back this progress," Markham Erickson, executive director of Open Internet Coalition, said in a statement. "Comcast's appeal raises a serious question of whether the Commission's Broadband Policy Statement, guaranteeing consumers the right to access content and applications of their choice over the 'Net, has the force of law."

"We believe that Congress must step forward and bring clarity to this issue and protect innovation and choice for both consumers and innovators," Erickson said.