For the first time ever, the FCC has handed down a pro-Net Neutrality ruling.
Federal regulators voted 3-2 on Friday to declare that Comcast's throttling of BitTorrent traffic last year was unlawful, marking the first time that any U.S. broadband provider has ever been found to violate Net neutrality rules.
The Federal Communications Commission handed Comcast a cease-and-desist order and required the company to disclose to subscribers in the future how it plans to manage traffic. Comcast had said that its measures to slow BitTorrent transfers, which it voluntarily ended in March, were necessary to prevent its network from being overrun.
"We need to protect consumers' access, said FCC Chairman Kevin Martin, a Republican. "While Comcast has said it would stop the arbitrary blocking, consumers deserve to know that the commitment is backed up by legal enforcement."
Republican FCC chair Martin has been subject to a lot of backlash since he indicated a few weeks ago that he was likely to join the two Democratic members of the five-person board in ruling against Comcast. That includes a nasty warning from everyone's favorite orange-hued villain, John Boehner:
WASHINGTON -(Dow Jones)- A day before the Federal Communications Commission is set to formally reprimand cable giant Comcast Corp. (CMCSA, CMCSK) for slowing certain Internet connections, the top House Republican says the action reflects "poor policy judgment" that will "hijack the evolution of the Internet."
In a letter sent Thursday to FCC Chairman Kevin Martin, House Majority Leader [sic] John Boehner, R-Ohio, said the FCC is improperly inserting itself into a self- governing entity. "Congress has intentionally refrained from imposing the heavy hand of government, which is precisely why we have seen such rapid growth in the Internet," the letter said.
Right, just like Congress intentionally refrained from imposing the heavy hand of government in sanctioning illegal spying on Americans. Boehner and his fellow Republicans aren't acting from some deep civil libertarian let-the-Internet-run-free position. They're trying to protect their favorite constituency, the telcos and big ISPs.
Major kudos need to be paid to Free Press, which did all the research and filed this suit. Free Press didn't exist just a couple years ago, and this victory for them is a huge testament to the importance of building progressive infrastructure. In their words,
"The FCC's bipartisan decision to punish Comcast is a major victory. Defying every ounce of conventional wisdom in Washington, everyday people have taken on a major corporation and won an historic precedent for an open Internet.
"Comcast's history of deception and continued blocking show contempt for the online consumer protections established by the FCC. We commend Chairman Martin and Commissioners Copps and Adelstein for standing up for Internet users and working across party lines to protect free speech and the free market.
"Today's order makes it clear that there is nothing reasonable about restricting access to online content or technologies. Moving forward, this bellwether case will send a strong signal to cable and phone companies that such violations will not be tolerated.
"But the fight is far from over. A duopoly market -- where phone and cable companies control nearly 99 percent of high-speed connections -- will not discipline itself. We look forward to working with the FCC and Congress to ensure proactive measures keep the Internet open and free of discrimination, and accessible to all Americans."
Kudos too are due to Commissioners Martin, Adelstein, and Copps for standing up against really strong corporate and political pressure and doing the right thing. You can send your thanks to Kevin.Martin@fcc.gov, Jonathan.Adelstein@fcc.gov, and Michael.Copps@fcc.gov.