FCC Chairman to Seek Enforcement Action Against Comcast

Federal Communications Commission Chairman Kevin Martin announced on July 11 that he would seek an enforcement action against Comcast Corp. for blocking Internet traffic to gain a competitive advantage. He also said it is troubling that the giant cable company does not adequately disclose its bandwidth restrictions to subscribers.

In a speech given at Stanford University Law School in March, the FCC Chairman expressed concern that the company initially denied it was blocking its broadband-Internet customers' access to a file-sharing peer-to-peer software application. It wasn't until investigations by the Associated Press fully revealed the practice that Comcast admitted targeting people who used BitTorrent file-sharing software.

Comcast has been arrogantly vocal in its criticism of the FCC, saying that they agency is finding fault for violations of guidelines on Net Neutrality that are not explicit. Net neutrality, as defined by most experts, means that Internet operators should treat all data traffic the same and not interfere with it in any discriminatory way.

Consumer groups say action against Comcast is needed in order to preserve First Amendment protections on the Internet. Free Press, an internet advocacy group, filed the initial complaint with the FCC, and has recommended that fines be imposed upon Comcast in order to send a message to the industry.

The FCC's Comcast investigation is being closely followed by cable industry executives. The Philadelphia Inquirer reported on July 12 that, "Many feel that Martin, a Bush appointee with political support from social conservatives, [is punishing] Comcast and the cable industry for failing to crack down on smut and violence on cable channels".

FCC hearings with time for public comment were held in recent months at both Harvard and Stanford Universities. At the hearing in Cambridge, Comcast packed the room with paid seat-warmers to keep out academics, consumer advocates, and others who might speak against them. After the hired Comcast "snoozers" (some of whom fell asleep in their chairs) were caught in the act, the giant cable company refused to send a representative to answer questions at the hearing at Stanford University in February.

Internet Freedom activists nicely filled a hall with a capacity for 700 at that hearing, appealing to the gathered FCC committee members to preserve net neutrality and fine Comcast. San Francisco Bay area residents who spoke during the public comment period included representatives from Media Alliance, Poor News Network, the San Jose Peace and Justice Center and the Raging Grannies Action League. Academics from Stanford and the University of Santa Clara, and a spokeswoman from the ACLU of Northern California were amongst those making the case against Comcast.

The FCC is planning to vote on any actions it might take against Comcast on August 1.