Comcast Files Appeal of FCC Web Traffic Ruling

Comcast Corp. filed suit against the Federal Communications Commission (FCC) Thursday in response to the agency's decision to sanction the company for discriminatory management of Internet traffic.

The company claims that the ruling from August was "legally inappropriate," due to the fact that the agency had not previously set any rules regarding this practice. The FCC based its 3-2 decision on net neutrality principles meant to protect Internet users' rights. Comcast, which has over 14 million high-speed Internet subscribers, previously stated it was making changes with regard to its network management system as to guarantee the same treatment to all Web traffic.

From the press release:

Cohen said Thursday that the company will comply with the FCC's order. Prior to the FCC action, the company had said it will switch to a management technique that treats all users the same by the end of the year.

Meanwhile, a public interest law firm representing two consumer groups and a California company that benefits from the type of file-sharing software targeted by Comcast filed appeals in New York, Philadelphia and San Francisco.

The legal challenges, filed last week, ask the court to force Comcast to cease its management practices immediately rather than by the end of the year.

The actions were more likely an attempt to avoid the District of Columbia court circuit, which is perceived as friendly to industry. If the cases are consolidated, the venue will be decided by lottery.

The plaintiffs are Consumers Union, in Yonkers, N.Y.; PennPIRG in Philadelphia; and Vuze Inc. of Redwood City, Calif. They are represented by the Media Access Project in Washington.

Comcast has said that it has delayed traffic, not blocked it — and that the FCC's so-called network-neutrality "principles" are part of a policy statement and not enforceable rules.

The FCC action came about in response to a complaint filed by public interest group Free Press and others.

Since the FCC vote, Comcast has announced that beginning Oct. 1, it would institute a broadband usage cap of 250 gigabytes per month for all residential customers. Comcast says to exceed that limit a customer would have to send 50 million e-mails or download 125 standard-definition movies.