The potentially precedent-setting move stems from a complaint against Philadelphia-based Comcast Corp. that the company had blocked Internet traffic among users of a certain type of "file sharing" software that allows them to exchange large amounts of data.
"The commission has adopted a set of principles that protects consumers access to the Internet," FCC Chairman Kevin Martin told The Associated Press late Thursday. "We found that Comcast's actions in this instance violated our principles."
Martin said Comcast has "arbitrarily" blocked Internet access, regardless of the level of traffic, and failed to disclose to consumers that it was doing so.
Company spokeswoman Sena Fitzmaurice on Thursday denied that it blocks Internet content or services and that the "carefully limited measures that Comcast takes to manage traffic on its broadband network are a reasonable part" of the company's strategy to ensure all customers receive quality service.
Martin will circulate an order recommending enforcement action against the company on Friday among his fellow commissioners, who will vote on the measure at an open meeting on Aug. 1.
The action was in response to a complaint filed by Free Press, a nonprofit group that advocates for "network neutrality," the idea that all Internet content should be treated equally.
Martin's order would require Comcast to stop its practice of blocking; provide details to the commission on the extent and manner in which the practice was been used; and to disclose to consumers details on future plans for managing its network going forward.
The FCC approved a policy statement in September 2005 that outlined a set of principles means to ensure that broadband networks are "widely deployed, open, affordable and accessible to all consumers."
The principles, however, are "subject to reasonable network management."
Comcast argues that the agency's policy statement is not enforceable and that the commission has "never before provided any guidance on what it means by 'reasonable network management."'
