[opendtv] Comcast ruling puts broadband plan in limbo
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 7 Apr 2010 09:26:52 -0500
My radio alarm clock woke me up to this news this morning. Can't say I find
this surprising. I Also doubt the sky is falling, though, as these alarmists
are making out.
My sense is, Internet gamers are the most up in arms. They want symmetrical
service and high bit rates. Some basic physics should give them a clue.
Bert
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http://www.rethink-wireless.com/article.asp?article_id=2854
Comcast ruling puts broadband plan in limbo
FCC had no right to impose neutrality principles on a provider, says court
By CAROLINE GABRIEL
Published: 7 April, 2010
Broadband plans around the world are in "legal limbo" following a US court
ruling on traffic shaping, which appears to undermine full commitment to net
neutrality. Last year, the FCC sanctioned Comcast for delivering slower data
rates to users of 'bandwidth hogging' services, notably peer-to-peer apps like
BitTorrent. Comcast brought legal action, and yesterday, the US Appeals Court
for the District of Columbia ruled that the FCC had no power to regulate a
service provider's network policies.
Advocates of the free, open internet, in which no web service takes priority
over another, were quick to condemn the ruling, which will no doubt be
challenged in a series of test cases. They see the decision as a massive blow
to the national broadband plan in the US - and because of its influence over
the internet in general, in other countries. Most of these are committed to net
neutrality. "The consequences of this decision are far reaching and have forced
the FCC into an existential crisis," said Derek Turner of universal access
pressure group Free Press. "I believe it has left the agency unable to protect
consumers in the broadband market place and unable to implement the national
broadband plan, which is clearly on life support as a result of the court's
ruling," he told the BBC.
In the wireless world, net neutrality has been particularly problematic because
of the resource constraints on the networks. Although the US administration is
theoretically committed to applying neutrality principles to wireless as well
as wireline broadband connections, in practise most experts have admitted
compromises will need to be made to ensure cellcos have a viable business model
and a reason to invest in new generation infrastructure. Just as importantly,
carriers argue that some form of traffic management must be allowed to ensure a
strong user experience. Most are taking a keen interest in techniques like deep
packet inspection, which identify different classes of traffic and treat them
according to priority. And many are hoping to introduce tiered pricing,
offering users a superior speed or reliability for a fee.
The court decision puts these debates firmly back on the front burner. The
ruling is based on the premise that broadband service, unlike standard
telephone service, is legally defined as an 'information service', which under
current US law is more lightly regulated. "A concept like net neutrality is a
policy principle, not a law or formal regulation, and thus cannot be enforced
by the FCC," the court added.
The FCC, which presented its National Broadband Plan to Congress last month,
may hope to change that by enshrining neutrality in law, despite the
concessions that will be necessary. To prevent that plan being delayed or
derailed, putting a hefty weapon in the hands of the big telcos, it may appeal
the ruling to the Supreme Court. It could also petition Congress for broader
powers, or to hurry through legislation that does make neutrality legally
binding, and/or puts broadband firmly under the FCC's remit.
In a statement, the FCC said it remained "firmly committed to promoting an open
internet and to policies that will bring the enormous benefits of broadband to
all Americans" and "will rest these policies ... on a solid legal foundation."
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