Networks Defend Traffic Management Practices

The FCC asked for comments on whether managing broadband traffic violates FCC guidelines outlined in its 2005 “Internet policy statement” and if the agency should adopt rules defining what constitutes “reasonable network management.” The concerns were raised in two petitions, one filed by Vuze, an online entertainment distributor, and the other by several public interest groups such as Free Press and Public Knowledge.

Comcast said the “limited measures” it takes to manage traffic on its broadband network, including “very limited management of certain P2P protocols,” are done to “ensure a high-quality, reliable Internet experience for all Comcast high-speed Internet customers.” It said it doesn’t “block any content, application or service; discriminate among providers; or otherwise violate any aspect of the principles” in the FCC’s policy statement.

“When the news broke last fall that Comcast, apparently faced with instances of network congestion, may have taken steps to constrain the bandwidth consumed by the use of certain peer-to-peer technologies, the net neutrality lobby could barely conceal its glee,” said AT&T. A “new regimen of interventionist measures” was proposed, including a ban on network management of peak load periods, but “the Internet marketplace remains fundamentally healthy, and the purported cure could only make it sick,” AT&T said.

“Reasonable network management may not only be beneficial to users overall but is indeed necessary for widespread deployment of broadband services,” said the Telecommunications Industry Association. The commission’s policy statement, which ensures consumers have a right to access information they want and connect devices of their choosing, is the appropriate means to protect the Internet and gives network operators needed flexibility “in our ever- evolving technological environment,” TIA said.

“Managing congestion and traffic in order to maximize satisfaction for all customers is hardly detrimental to the public interest,” said NCTA. Regulation would only “slow innovation and harm consumers,” it said. The 2005 policy statement took an approach of “vigilant restraint” and said the principles were “subject to reasonable network management,” said NCTA. “Congestion issues are not unique to cable broadband networks -- they are a constant issue for networks of all types,” the association’s filing said. “Wireline and wireless phone networks, airlines, and roads all experience congestion at times of peak usage. It is the nature of networks to congest and it is the obligation of network owners to manage that congestion for the benefit of their customers.”

The FCC should deny the petitions because they “fail to acknowledge the complexities of broadband networks,” said the Progress & Freedom Foundation. “Traffic shaping” is used in many industries, from grocers who use express lines to speed traffic to higher air traffic rates on holidays to discourage congestion. “Those who provide services to the public generally use some tool to shape demand for the benefit of all users.”

“Management is a necessary part of the efficient and effective function of any network, whether that is for electricity, water or broadband,” said the Institute for Policy Innovation. “Broadband networks are managed for myriad reasons -- faster Internet connections, efficient data delivery, fighting spam, preventing phishing,” IPI said. The Information Technology and Innovation Foundation said “even with aggressive deployment of higher speed networks, bandwidth will continue to be scarce for the foreseeable future” so ISPs should be allowed to “reasonably manage their networks to ensure a fair and efficient distribution of bandwidth among their subscribers.”

“Broadband services have flourished because technology and the marketplace have been allowed to develop in a largely unregulated environment,” said the Independent Telephone & Telecommunications Alliance, which represents medium-sized telecom companies. “As broadband usage continues to grow, providers must have the ability to manage their networks in the most efficient manner possible,” ITTA said. “Regulation of broadband network management practices would be inconsistent with the deregulatory view of the Communications Act.”

Critics Cite Concerns, Urge ‘Diligence’

Despite alleged good intentions, networks can go too far, warned the Computer & Communications Industry Association. CCIA said it backs the petitions because “neutral end user access must be defended against both transparent and clandestine practices of network operators that seek to unreasonably discriminate among data streams.” The association praised the FCC for looking at “whether a network operator may engage in deep packet inspection in order to block or degrade Internet traffic in the name of routine network management.”

The Center for Democracy & Technology warned that network operators whose activities “degrade particular online services or applications raise serious concerns for competition and innovation.” CDT said it didn’t think the FCC should impose formal rules regulating “the techniques broadband Internet provides use to manage traffic.” Instead it recommended the FCC add a new “non-degradation or non- discrimination principle” to its 2005 policy statement.