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FCC to Rule Comcast Can't Block Web Videos

Decision Could Set Precedent In Debate Over Internet Traffic  —  Washington — Federal regulators are set to announce this week that Comcast Corp. wrongly slowed some of its customers' Internet traffic, in a victory for consumer groups …

Wall Street Journal Amy Schatz

Context & Ripple Effects

The ruling caps a months-long fight that began when Comcast was caught throttling peer-to-peer traffic on its network in late 2007, followed by an FCC investigation finding the blocking was far more widespread than the company admitted. The decision hands consumer groups their first major win in the net neutrality debate and puts the FCC squarely in the role of internet traffic referee.

First-order effects

  • Comcast must stop degrading BitTorrent and other peer-to-peer video traffic for its broadband subscribers, and must disclose its network-management practices.
  • The FCC establishes its first enforceable precedent against discriminatory traffic management by an ISP, giving regulators a template for future enforcement.

Second-order effects

  • Other cable and DSL providers must re-examine their own traffic-shaping policies or risk similar findings, chilling ad-hoc throttling across the industry.
  • Comcast's appeal path becomes the next battleground — the company challenges the FCC's authority in court, forcing the agency to defend its jurisdiction over broadband.

Third-order effects

  • If upheld, the ruling pushes the U.S. toward formal net neutrality rules; if struck down, it exposes the gap left after broadband was deregulated, pressuring Congress to clarify FCC authority over ISPs.
  • Video traffic becomes the central fault line of broadband policy, as carriers' incentive to manage congestion collides with content providers' dependence on open pipes.

The trend: This is an early data point in the decade-long struggle to establish whether and how government can mandate an open internet as video consumption makes bandwidth management a core business issue for ISPs.