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LAS VEGAS - The Federal Communications Commission will investigate complaints that Comcast Corp. actively interferes with Internet traffic as its subscribers try to share files online, FCC Chairman Kevin Martin said yesterday.
A coalition of consumer groups and legal scholars asked the agency in November to stop Comcast from discriminating against certain types of data. Two groups also asked the FCC to fine the nation's second largest Internet provider $195,000 for every affected subscriber.
"Sure, we're going to investigate and make sure that no consumer is going to be blocked," Martin told an audience at the International Consumer Electronics Show.
In an investigation last year, the Associated Press found Comcast in some cases hindered file sharing by subscribers who used BitTorrent, a popular file-sharing program. The findings confirmed claims by users who also noticed interference with other file-sharing applications.
"We look forward to responding to any FCC inquiries regarding our broadband network management," said David L. Cohen, executive vice president at Philadelphia-based Comcast.
Comcast denies that it blocks file sharing, but acknowledged that it was delaying some traffic between computers to improve the surfing experience for most subscribers.
Peer-to-peer file sharing is a common way to illegally exchange copyright files, but companies are also rushing to utilize it to legally distribute videos and games. If providers hinder or control that traffic, it makes them important gatekeepers.
The FCC's response will be a critical test of its willingness to enforce "Net neutrality," the principle that Internet traffic be treated equally by carriers. The agency has a broadly stated policy supporting the concept, but its position hasn't been tested in a real-world case.
The FCC's policy statement makes an exception for "reasonable traffic management." Comcast has said its practices fall under that exception.
"The question is going to arise: Are they reasonable network practices?" Martin said Tuesday. "When they have reasonable network practices, they should disclose those and make those public."
Comcast subscribers who asked the company about the interference before the AP story ran were met with flat denials. Comcast's Cohen said the company does disclose its policies and would work with the commission to increase transparency for consumers.
Martin also said the commission was looking at complaints that wireless carriers denied text-messaging "short codes" to some applicants. The five-digit numbers are a popular way to sign up for updates on everything from sports to politics to entertainment news.
Verizon Wireless in late September denied a request by Naral Pro-Choice America, an abortion rights group, to use its mobile network for a sign-up text messaging program.
The company reversed course just a day later, calling it a mistake and an isolated incident.
© Copyright 2008 Globe Newspaper Company.
