FCC targets transparency for network management

The FCC's Kevin Martin has given his strongest indication the commission will establish guidelines for consumer disclosure as its remedy for providers who actively managed their networks. In so doing he seems to have rejected calls by the net neutrality lobby to bar ISPs from intervening in their networks.

Speaking to a Stanford law seminar Martin said: "One of the most important and one of the most troubling aspects of the complaints in front of us is that at first the network operator (Comcast) denied that they were engaged in this kind of a practice publicly. The challenge is to find a balance to where the Commission should act," said Martin. "It shouldn't be inherently partisan," he added in reference to what he called extremist views in both the Republican (no regulation) and Democratic (excessive regulation) camps.

Martin said the Comcast case was "an opportunity to demonstrate we will enforce (reasonable access) principles and allow innovation to occur. I have testified that I'm ready, willing and able to act, and I think that's what we're doing." 

He said in 2005, the FCC endorsed four basic rights of Internet end users: end users have the right to access content; run applications and services; connect devices to the network; and to expect competition among network, application, service and content providers.

"The FCC hasn't said whether (ISPs) can have a fast lane versus a slow lane," said Martin. "The Commission hasn't spoken to that. To the extent you are asserting network management as a defense against the four principles, all the applications have to be treated the same, or it's truly not about network management but about arbitrary blocking."

Comcast has strongly defended its right to manage its network to avoid congestion so as to ensure VoIP and other advanced IP services are not impaired by P2P networks. In some European countries it has been estimated five per cent of users are using Bit Torrent applications to consume 80 percent of the bandwidth.

For more:
FCC looking for balance in Comcast network hearing Article
Martin troubled by Comcast Article

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