Free Press Exposes Comcast's Arguments as 'Nonsense'

WASHINGTON -- Last night, Free Press and members of the SavetheInternet.com Coalition filed "reply comments" with the Federal Communications Commission as part of the federal agency's ongoing investigation into the discriminatory blocking by Comcast and other Internet service providers.

Read the reply comments at: http://www.freepress.net/docs/freepress_comcast_petition_reply_comments.pdf

"Our initial filing demonstrated that those who oppose our position don't have a leg to stand on," said Marvin Ammori, general counsel of Free Press and lead author of the filing. "Their responses either painfully misconstrue our arguments or rely on technical-sounding nonsense and father-knows-best claims, which are either irrelevant or invalid. Our reply comments make it clear that the FCC has the evidence and authority to stop Comcast and others from blocking Internet traffic."

Summary of our legal argument:

Our reply comments restate the request for urgent FCC action against blocking and reject the arguments made against the original petition.

• We clarify that we do not oppose all network management. Many methods exist that do not violate the principles of Net Neutrality -- traffic control doesn't have to include discriminatory targeting.
  
  
• We point out that Comcast has completely reversed its position on delaying Internet traffic from stating its opposition to the practice in 2006 to supporting and implementing the practice in 2008.
  
  

  June 14, 2006 Testimony of Comcast Executive Vice President David L. Cohen: "If Comcast were to try to deny, delay, or degrade the Internet experience that our more than nine million cable Internet customers have paid for, how can we possibly expect to keep them as customers...Any provider that does not meet the needs of users will suffer from a serious backlash from consumers and policymakers."
  
  Feb. 25, 2008 Testimony of Comcast Executive Vice President David L. Cohen: "Comcast may on a limited basis temporarily delay certain P2P traffic." (see page 44 of the filing)

  
  We argue that upgrading the network is the only network management option that serves consumers and our economy and also follows the mandates of Congress and the FCC. Further, we explain how these network upgrades are badly needed to catch up to our international counterparts.
  
  
• We refute claims that the "market" is providing an adequate check on Comcast or any other provider. Most communities in America have just one cable company and one phone company to choose from.
  
  
• We detail the ways that Comcast has abused its power and misled Internet customers, consumer groups and the press repeatedly about its deceptive and discriminatory network management practices.
  
  
• We reject the argument that the FCC lacks jurisdiction to deal with the issue of blocking. The FCC, the Supreme Court, the White House and many industry players have all recognized the FCC's clear authority over this matter.
  
  Read the original complaint: http://www.freepress.net/press/release.php?id=297
  
  Read the initial filing: http://www.freepress.net/press/release.php?id=338
  
  Learn more at SavetheInternet.com