The long dispute between Comcast and the Federal
Communications Commission is far from being over, as the cable service provider
decided to appeal the August 1 decision in the Court of Appeals for the D.C.
Circuit.
This shouldn’t come as a surprise, if we take into
consideration Comcast’s statement after the decision. Sena Fitzmaurice said at
the time that they will be considering all their legal options regarding the
Commission’s Order, which raised “significant due process concerns” and “a
variety of substantive legal questions.”
Comcast said in a
statement following the appeal that the purpose of this process is to protect
their legal rights and challenge the arguments that the Commission found to be
discriminatory and in violation with the federal policy.
“We continue to recognize that the Commission has
jurisdiction over Internet service providers and may regulate them in
appropriate circumstances and in accordance with appropriate procedures,” Comcast
said. “However, we are compelled to appeal because we strongly believe that, in
this particular case, the Commission’s action was legally inappropriate and its
findings were not justified by the record.”
FCC Chairman Kevin Martin said he was disappointed with the
decision, especially since the commission had done a thorough investigation on
the complaint, all to protect the interests of the consumers.
The Federal Communications Commission concluded after the
investigation that Comcast used discriminatory practices among applications and
peer-to-peer interference driven by anticompetitive motives, all in violation
of federal policies.
Furthermore, Chairman Kevin Martin said at the time that
consumers “demand, and deserve, better,” and that the decision “will send a
message to the industry that bad actors will be punished.”
The Commission gave Comcast 30 days to disclose details on
its discriminatory network management practices, to submit a compliance plan
describing how it intends to stop these discriminatory management practices by
the end of the year, and disclose to customers and the Commission the network
management practices that will replace current practices.
The Federal Communications Commission warned Comcast that if
it fails to comply with the demands in the Order, the interim injunctive relief
will automatically take effect, requiring Comcast to suspend its discriminatory
network management practices, and the matter will be set for hearing.
Comcast responded by saying their practices were consistent
with industry practices, and that they did not block access to Web sites or
online applications, including peer-to-peer services. Furthermore, Fitzmaurice
said Comcast was gratified that the Commission did not find any conduct that
would justify a fine, and that the deadline imposed by the Commission was
consistent with the self-imposed deadline that Comcast announced months before.
The controversy started last year, when some Associated
Press tests revealed that Comcast was actively interfering with peer-to-peer
networks. Comcast defended their practices, arguing that some broadband users
utilize immense amounts of bandwidth which overwhelm the network capacity and
threaten to harm the online experience of other users.
Earlier this week, Comcast said it would impose a 250GB
limit for monthly traffic for all residential customers. The idea came as other
Internet service providers began testing different ways of limiting bandwidth
usage for heavy-users, which usually leads to traffic congestions.