The FCC should establish the rules necessary to take on the enforcement role WRT adherence to established Internet Standards as defined by qualified and recognized standards-setting bodies such as the IETF. While these standards do exist and have existed for a long time, these bodies have no enforcement powers. The rules were enforced through mutual agreement, and the process is better reflective of an Internet built upon human-to-human handshake than it is reflective of a corporate service provider agreement. As a result, the only "stick" to our "carrot-and-stick" system is trying to convince an upstream provider or peer to discontinue peering with someone who is nefariously violating the standards.
This is not unlike how the FCC handles matters involving authoritative but non-enforcement bodies in the areas of International Frequency Allocation (WRT mode, power, content), Amateur Radio Repeater and Packet coordination, and broadcast standards and practices. The FCC specifically should avoid taking on the role of setting such standards, in that they would be unique and limiting only to the United States. Except, however, the FCC may be asked to apply imperfectly-matched standards to resolve complaints which would set precedent. For example, the FCC may need to balance desires to provide -some- low-bandwidth Internet Services by radio to currently unserved areas, even if it means allowing that ISP to use technology limiting or prohibiting high-bandwidth applications over such networks. As in the current case, when a question of reasonableness comes up, the FCC should weigh the claim against both the written standards and its own common judgment, perhaps after consultation with various experts willing to testify. This is not unlike the way it acts in questions of broadcast decency. The above sounds like less of a technical solution than you might have liked as a technologist, but I believe it is the best direction for the FCC to take. Robb Topolski > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:nnsquad- > [EMAIL PROTECTED] On Behalf Of Lauren Weinstein > Sent: Wednesday, February 27, 2008 7:53 AM > To: nnsquad@nnsquad.org > Cc: [EMAIL PROTECTED] > Subject: [ NNSquad ] FCC paths to Internet network management? (from IP) > > > From: David Farber <[EMAIL PROTECTED]> > To: "ip" <[EMAIL PROTECTED]> > Subject: [IP] the FCC and Comcast - a query from your editor > Date: Wed, 27 Feb 2008 09:35:28 -0500 > > I have heard endless suggestions that the FCC stop what many consider > improper network management practices by Comcast .. As a former Chief > Technologist of the FCC I have some understanding of the level of > technical competence and deapth at the FCC and some understanding of > the process they and the companies they regulate go through to enforce > regulations -- long and painful and often producing the opposite > results intended. > > So lets get down to details. What exactly do you want to FCC to do > about network management. Details -- not just enforce NN -- that is a > motherhood statement. Details and then maybe the conversation can get > meaningful. > > ------------------------------------------- > Archives: http://www.listbox.com/member/archive/247/=now > RSS Feed: http://www.listbox.com/member/archive/rss/247/ > Powered by Listbox: http://www.listbox.com
