STATEMENT OF COMMISSIONER DEBORAH TAYLOR TATEFCC Orders Comcast To End Discriminatory Network Management Practices

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: August 1, 2008 3:59:53 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] re: FCC Orders Comcast To End Discriminatory  
Network Management Practices

[Note:  To wrap up, here is the statement from Commissioner Tate.  For  
the entire statement, follow the link.  DLH]

<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284286A5.pdf>

STATEMENT OF COMMISSIONER DEBORAH TAYLOR TATE

Re: Formal Complaint of Free Press and Public Knowledge Against Comcast
Corporation for Secretly Degrading Peer-to-Peer Applications;  
Broadband Industry
Practices, Memorandum Opinion and Order(WC Docket No. 07-52)

Today’s Order reiterates the fact that “reasonable minds truly can  
differ.”  I viewed this
proceeding as a normal enforcement review, regarding a particular  
complaint within the
confines of the specific circumstances presented, using a “case by  
case” analysis; not the
pronouncement of a “monumental decision.”

My general philosophy that guides my decision-making is that prior to  
government
pursuing regulatory remedies in the name of the public interest, we  
should first carefully
consider what the private sector is doing to enhance, expand and  
enrich consumers’
options, and proceed with caution unless and until there is a clear,  
legal basis for
government intrusion into private business --or in this case,  
engineering --decisions.

Therefore, I plan to associate myself and this statement with the  
procedural and
substantive legal arguments of Commissioner Robert McDowell.   
Presently, we are
benefiting from over $100 billion in broadband investment, robust  
industry competition
and cooperation and unprecedented consumer options in this dynamic  
multi-platform
marketplace. Thus, regulatoryaction in this instance should yield.

However, while the Commission should refrain from regulating the  
digital marketplace,
we do have an important function in protecting the consumer interest.   
In fact, rather than
concentrating on 10% of the traffic by 5% of the heaviest bandwidth  
users, we should be
ensuring that the 95% of ordinarysubscribers are not  
negativelyimpacted as theyuse
their internet for their child’s homework, shopping, getting news,  
sending emails and
watching TV and YouTube. Rather than assuming the role of “world wide  
web enforcer,”
perhaps the best wayfor the FCC to fulfill our duties under Internet  
Policy Statement
would be to assume the role of mediator or arbitrator, helping to  
facilitate agreements
among the various sectors of the broadband internet industryto create  
an experience that
benefits all users, rather than issuing broad mandates to protect the  
few.

Most significantly in the present case, it is important to note that  
the FCC played a key
role in helping to resolve the Comcast-BitTorrent controversy we are  
considering today.
In this particular case, the Commission undertook numerous efforts to  
fulfill that role,
including the initiation of two public proceedings, and the holding of  
well-attended and
educational public hearings at Stanford, Harvard, and Carnegie Mellon  
Universities.

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