IP Convergence: Beyond VoIP, Beyond Cost Savings

The fallout from Comcast’s alleged traffic management practices continues with the filing of a petition by Vuze, Inc., an Internet distributor of high definition content. This petition follows on the heels of the complaint filed by a coalition of consumer groups.

The Vuze petition asks the FCC to “adopt reasonable rules that would prevent the network operators from engaging in practices that discriminate against particular Internet applications, content or technologies.” Vuze says that it does not object to “traffic management” practices, but asks the FCC to ensure that such practices meet the following conditions –

1. The network operators’ network management practices should be based on actual impact on the network, rather than targeting or disproportionately impacting specific services or technologies;

2. Network management practices should be transparent and publicly disclosed, providing consumers, content providers, applications developers, and service
providers greater certainty that their preferred technology and services are acceptable and not subject to interference on broadband networks; and

3. Network management practices should not used as a pretext for discriminating against particular types of content or services that the network operators may view as unacceptable or potential sources of competition.

While I certainly can appreciate Vuze’s interest in establishing such rules, I again have to ask, as I have throughout this entire “net neutrality” debate, why otherwise entrepreneurial people would run to the government for help with what is essentially a problem in their distribution chain? Who is advising these companies to seek redress before the FCC and why are they being listened to? Even a cursory review of the FCC’s record would show that they are a terrible forum for these types of disputes.

More broadly, why is everyone trying to invite the FCC to regulate the Internet? Has the FCC done such a great job regulating telecommunications, cable, and broadcasting that we want them now to regulate the Internet? Think through what jurisdiction over the Internet could encompass. Network operators, ISPs, content providers, equipment manufacturers, software developers, hardware manufacturers, service providers, the list is endless. By the time all is said and done, the FCC would have jurisdiction over an enormous segment of the economy. Is this what we want? If ever there was a sure way to retard our technological progress and innovation, this is it. I said it before and I will say it again, the cure (FCC regulation) in this case is likely far worse than the disease (alleged discrimination).

Parties should try working these issues out amongst themselves before asking the FCC to get involved. No where in Vuze’s petition do they say that they tried to work it out directly with Comcast. Perhaps if they did, they would find a mutually beneficial solution. Perhaps not. But that doesn’t mean “there ought to be a rule.” As I said the other day, there are a host of relationships that need to reach equilibrium before the Internet matures. It would be a shame to freeze some of these relationships in place just to grease the squeaky wheel.