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The Federal Communications Commission declared Comcast's Internet management practices to contravene with the federal policies “that protect the vibrant and open nature of the Internet,” after a long investigation revealed that Comcast discriminates among applications rather than treating all equally, and that it had an anticompetitive motive to interfere with customers' use of P2P applications.
As FCC Chairman Kevin Martin pointed out, “the framework we adopt today (...) will send a message to the industry that bad actors will be punished [...] Comcast's lack of disclosure about its network management practices compounded the harm [...] Consumers demand, and deserve, better.”
The Commission decided to put an end to Comcast's discriminatory practices, and demanded that within 30 days of the Order's release, Comcast must disclose the details of its discriminatory network management practices to the Commission, submit a compliance plan describing how it intends to stop these discriminatory management by the end of the year, and disclose to customers and the Commission the network management practices that will replace current practices.
Following complaints by Comcast subscribers that they had difficulties using P2P applications, as well as tests conducted by the Associated Press and Electronic Frontier Foundation, Comcast was found guilty of selectively interfering with subscribers' attempts to share files online through P2P applications.
After first denied the accusations, Comcast admitted to interfering with the Internet traffic, but in an attempt to stop some of the heavy users from ruining other users' experience during peak network congestions. The cable operator denied blocking Internet access, calling its practices reasonable.
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.
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