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STATEMENT OF COMMISSIONER DEBORAH TAYLOR TATEFCC Orders Comcast To End Discriminatory Network Management Practices
From: David Farber <dave () farber net>
Date: Sun, 3 Aug 2008 12:05:10 -0400

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]



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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