FCC Schedules Do-Over For Net Neutrality Hearing

With complaints still pending against Comcast for blocking traffic to peer-to-peer sites, the Federal Communications Commission is taking the unusual step holding a second public hearing about network management practices.

The hearing, to be held April 17 at Stanford University, follows a similar event last month at Harvard Law School. On that occasion, Comcast hired line-standers who arrived early at that hearing and took up so many chairs that the 250-seat classroom reached capacity at least 30 minutes before the hearing started. Campus police had to turn away about 100 people.

While the FCC has held several off-site hearings about media ownership, next month's event will mark the first time the agency has conducted more than one such meeting about an Internet-related issue.

Net neutrality advocates say they welcome the new hearing, and hope it will cover broader ground than simply Comcast's interference with traffic to BitTorrent and other peer-to-peer sites.

"The more these issues get aired, the better it is for people who want openness," said Gigi Sohn, co-founder and president of Public Knowledge.

Josh Silver, executive director of Free Press, added that whatever policy emerges now will have a far-ranging influence on how people access media. "Broadband will soon deliver virtually all communication in this country: TV, radio, phone service and of course the Web and traditional Internet applications," Silver said. "That means this is about more than just the future of BitTorrent. This is about the future of all media in America."

A Free Press spokeswoman also said the organization intends to work with the FCC to locate a venue large enough to accommodate everyone who wants to attend the hearing.

Advocates are especially optimistic because FCC Chair Kevin Martin has indicated he might side with the two Democratic commissioners who are on record as supporting net neutrality. Last month at Harvard, Martin said the agency was "ready, willing and able to step in if necessary," if Internet service providers were unlawfully preventing consumers from using the Web. He's also said twice in recent weeks that companies should disclose their broadband management practices if they wish the FCC to consider those practices reasonable.

Comcast's interference first came to light last fall after an investigation by The Associated Press showed the company was slowing traffic to BitTorrent and other peer-to-peer sites. Online video company Vuze, as well as a consortium of advocates like Free Press, filed complaints with the FCC charging that Comcast was violating the agency's net neutrality principles.

Those principles call for Internet service providers to refrain from discriminating against sites, but allow network operators to use reasonable traffic management techniques.

Comcast argues that's only trying to make sure as many people as possible can access the Web on its network. Executive vice president David Cohen testified last month that the slowing of traffic to peer-to-peer sites presents only a "virtually imperceptible effect on a very small number of users."

Some entertainment companies including NBC have allied with Comcast, arguing that the ability to block peer-to-peer sites will help fight piracy.

NBC also weighed in with comments last week, arguing that throttling traffic to peer-to-peer networks doesn't violate neutrality principles because, according to the TV network, much of the material on such networks is pirated.

But net neutrality advocates say that peer-to-peer sites offer a wealth of legitimate material. For instance, Canada's public broadcasting service recently said it will use make "Canada's Next Great Prime Minister" available for download on BitTorrent the day after its broadcast airing.

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