NNSquad - Network Neutrality Squad
[ NNSquad ] Free Press FCC Comments
Free Press' comment filing regarding our petition against Comcast's discriminatory practices. >From the summary: Free Press focuses these comments on two topics: network discrimination and required disclosure. Regarding network discrimination, Free Press et al. urges the FCC to declare that discriminatory tactics, such as those employed by Comcast, violate federal policies and will not be tolerated. First, we demonstrate that four relevant sources of law prohibit broadband discrimination: 1) The FCC Internet Policy Statement, 2) The Communications Act, 3) Precedent in a recent order and 4) The FCC orders eliminating ISP open access. Second, we refute the arguments advanced that discrimination is merely 'reasonable network management.' Arguments based on bandwidth, “delaying,” and anti-competitiveness are as dangerously wrong as they are irrelevant. Moreover, we show that Comcast’s actions are anticompetitive. Regarding disclosure, Free Press et al. demonstrate that, while network providers must be required to disclose their network management practices, disclosure is not enough. First, network providers should be required to disclose their network management practices so that consumers, the tech community, software providers, and the FCC can respond accordingly. Second, while we generally prefer a competitive market solution, which disclosure can often promote, disclosure alone will not result in pro-consumer or pro-innovation market outcomes here. The market is too concentrated for disclosure to discipline the market participants or empower consumers. Third, network providers have repeatedly made a deal with the public and the FCC in merger reviews, sworn declarations, and FCC proceedings—the network providers were relieved of competition and in exchange promised not to discriminate, not merely to disclose their discrimination. Similarly, the FCC pledged it would ensure for consumers an open Internet, not mere disclosure, should the network providers break their vows. The rubber has now hit the road. Read the full filing at: http://www.freepress.net/docs/fp_et_al_petition_fp_comments.pdf = = = = = Timothy Karr Campaign Director Free Press www.freepress.net 201.533.8838 The National Conference for Media Reform June 6-8, 2008 :: Minneapolis www.freepress.net/conference