FCC Expected to Hit Comcast on Net Management Practices

The FCC will be holding a meeting on Friday, August 1st, where the five commissioners will be considering a memorandum opinion and order addressing Comcast's network management practices.  News reports indicate that there are at least three votes for penalizing Comcast for secretly degrading peer-to-peer applications over the network.  The result of a formal vote will require Comcast to stop blocking traffic and to disclose its network management practices to customers.  Comcast has already done most of this as a result of the complaint against it.  No fine is contemplated.

The Commission order will likely be challenged in court, as Comcast has questioned whether the Commission has the authority to regulate network management practices.  Ars Technica reported an interesting twist on this stand in a California case where Comcast was sued for deceptive advertising, violation of the FCC's traffic management principles, and breach of contract.  Comcast successfully argued that the judge stay the case since jurisdiction with the issues rests with the FCC.  One assumes Comcast's lawyers filed the document with with a straight face.  Expect a long fight over the Commission's authority no matter what. [MG]