MTA Commentary—August 6, 2008 Network Neutrality or Network Management?

August 7, 2008

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Below is MTA’s monthly commentary, which discusses network management of peer-to-peer communications, and MTA’s 2008 Distinguished Leadership Award recipient, Bill Teague.

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Geoff

Geoff Feiss

Montana Telecommunications Association

406.442.4316 (office)

406.594.0424 (mobile)

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MTA Commentary—August 6, 2008

Network Neutrality or Network Management?

Last Friday, the Federal Communications Commission (“FCC”) found that Comcast cable company violated FCC Internet policies by “interfer[ing] with Internet users’ right to access lawful Internet content and to use the applications of their choice.” Comcast was found to have “deployed equipment throughout its network to … selectively block specific types of connections known as peer-to-peer connections.” The Commission found Comcast’s interference with peer-to-peer connections was discriminatory and anticompetitive, since the applications that Comcast was blocking involved video applications that might otherwise compete with video broadcasts that could be carried by the cable company. Further, Comcast compounded its error by “failing to disclose its practices to [its] customers.”

Comcast argued that peer-to-peer connections usually involve the transfer of massive amounts of data. True, such data usually involves potentially competitive video content; but the amount of data involved in peer-to-peer connections uses bandwidth that otherwise is needed for all of the other data needs of Comcast’s other customers. Comcast argued therefore that the behavior of a few customers diminishes the availability of bandwidth to the rest of its customers. Without some sort of management, peer-to-peer traffic threatens to congest data networks. Comcast is not the only data network out there potentially threatened with network congestion from peer-to-peer traffic.

Here’s a case where both sides have legitimate concerns. On the one hand, the FCC and others are correct in striving to keep access to Internet content as free and unfettered as possible. Internet providers share that goal. We certainly don’t want the government, or other entities, telling us what information we can and cannot obtain. Within limits, of course. For example, many question whether there should be free and open access to child pornography or pirated music or video content. Blocking such “unlawful” content by Internet providers “would be consistent with federal Internet policy,” the FCC noted. The trick, of course, is where to draw the line between “good” content—to which there should be open and free access--and “bad” content—which is OK to block. Generally, it’s better to err on the side of open access.

On the other side of the open-access-to-all-Internet-content debate is the legitimate need to manage Internet networks so that all of us can enjoy the open access to the Internet that we all desire. So Comcast attempted to “do something” about a minority of their customers in order to preserve network bandwidth for the overwhelming majority of their customers. It turns out that Comcast went too far in managing its network and crossed the line. So it’s back to the drawing board for Comcast. They need to report back to the FCC on how they plan to manage their network, and notify their customers on how they plan to provide free and open access to all lawful Internet content.

And while they’re considering their options, it appears that AT&T may have come up with an option that might meet with regulators’ approval. AT&T has announced plans to offer different bandwidth tiers to its customers. So if you want to use huge amounts of bandwidth for peer-to-peer applications, you’ll be free to do so; but it might cost more than if you want to use your Internet connection for less bandwidth-intensive web browsing and email applications. On another topic, the Montana Telecommunications Association (“MTA”) just concluded its annual convention in Great Falls. Each year, MTA recognizes the outstanding lifetime achievement of an individual who contributes in extraordinary ways the community and economic development of Montana. This year’s recipient of the MTA Distinguished Leadership Award is Bill Teague, of Clinton, MT.

As a young man Bill was put to work helping his father and a group of other forward looking Montanans going from ranch to ranch, farm to farm, door to door, soliciting the princely sum of $50 to help fund the dream of forming a telephone cooperative. That dream came to fruition in 1954 when Blackfoot Telephone was formally organized. Bill’s father, Ray, was a founding Board member of Blackfoot; and Bill, effectively a co-founder himself, followed his father on the Board of Trustees of Blackfoot Telephone Cooperative. In the 25 years since he has served on Blackfoot’s Board, Bill Teague has served several years as the Board’s President. During his tenure on the Blackfoot Board, he has helped usher in such milestones as the complete conversion to digital networking, and now IP Ethernet backbone networking.

He has helped Blackfoot become one of the leading companies in the nation to implement various telecommunications technologies and services, and has overseen the company’s launch of competitive operations as well as the acquisition of exchanges from both Continental Telephone and US West. We’ve come a long way since the days of stringing telephone wires on ranch fences, and connecting calls with operators sitting in front of switchboards; and Bill Teague has been there every step of the way. Congratulations to this year’s MTA Distinguished Leadership Award recipient, Bill Teague.
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