FCC grapples with ongoing Net Neutrality issue

by Stevie Smith - Apr 18 2008, 14:53

With Internet service providers (ISPs) under the microscope for the contentious practice of ‘traffic shaping’ to avoid online congestion at peak times, the US Federal Communications Commission (FCC) has gathered this week to ascertain whether official regulatory steps are necessary with regards to enforcing Net neutrality.

One such high-profile ISP presently being investigated by the FCC for traffic shaping is Comcast, which has had formal complaints made against it for blocking the peak-time Net access of certain users who upload sizeable multimedia data files to the Net and add particular strain to overall online performance during those times.

Meeting at Stanford University this past Thursday, a five-member FCC panel reportedly deliberated for some seven hours as to the position of Net neutrality -- the belief that all Internet traffic be treated equally -- and whether federal regulations should be applied to enforce any such equality.

According to an AP report, the team of commissioners emerged split in their viewpoints regarding the introduction of government regulations.

Specifically, commissioners Michael Copps and Jonathan Adelstein backed the notion of strengthening FCC powers in order to prevent ISPs from targeting select elements of their user traffic, while commissioners Deborah Tate and Robert McDowell were against saddling ISPs with yet more regulations.

“These are evolving technologies, and sometimes the line between reasonable network management and outright discrimination can be less than crystal clear,” said Mr. Copps regarding the issue of Net neutrality. “Now is the time for the FCC to add an enforceable principle of non-discrimination to our Internet policy statement.”

Separately, FCC chairman Kevin Martin commented that while the commission’s existing Internet policy still serves its purpose, a degree of enforcement is required to ensure that ISPs are acting within the boundaries of legitimate purpose regarding their customers. Mr. Martin noted that ISPs should be able to run their networks so that overall traffic performance is not negatively affected, but that users need to be given due notification of any related actions.

“There must be adequate disclosures of the particular traffic management tools,” he said. “Consumers must be fully informed of the exact nature of the service they are purchasing.”

Officials from numerous ISPs, including Comcast, are seemingly exercising an attitude of reticence when it comes to the FCC’s Internet policy, viewing it as little more than a non-regulatory guideline -- a reaction that any concrete customer-focused FCC stance will hopefully put pay to.

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