Kevin Martin Tries To Thread The Needle In Sanctioning Comcast
from the a-little-of-this-and-a-little-of-that dept
Whether or not the FCC's mandate really does include cable is an open question -- and the cable companies have at least a decent claim to the fact that their systems are not covered by the FCC. So, here's a situation where the FCC is slapping Comcast's wrist in such a way that Comcast is unlikely to mind -- but if it "agrees" to the response, then it may be effectively admitting that the FCC does have a say in how cable companies operate, which could open quite a Pandora's box in terms of the FCC's overall mandate.
There is, of course, a simpler way out of this that no one appears to be taking. The real problem most people had with Comcast's actions was that it wasn't at all transparent about them -- continually insisting that they weren't doing anything. Effectively, Comcast may have been guilty of false advertising in terms of how its network worked. So why not have the FTC, rather than the FCC, slap them down for their lack of transparency, rather than having the FCC step in where it might not belong?
As for those who are claiming that Martin's statements are somehow a "victory" for network neutrality, you might want to think again. Martin has made it clear in the past that he's not a supporter of network neutrality -- especially when it comes to the telcos, telling AT&T that if it felt it needed to start discriminating traffic for a valid business reason, it should feel free to do so.