said by FCC :

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New Principles Preserve and Promote the Open and Interconnected Nature of Public Internet
Washington, D.C. – The Federal Communications Commission today adopted a policy statement that outlines four principles to encourage broadband deployment and preserve and promote the open and interconnected nature of public Internet:

(1) consumers are entitled to access the lawful Internet content of their choice;
(2) consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement;
(3) consumers are entitled to connect their choice of legal devices that do not harm the network; and
(4) consumers are entitled to competition among network providers, application and service providers, and content providers.

Although the Commission did not adopt rules in this regard, it will incorporate these principles into its ongoing policymaking activities. All of these principles are subject to reasonable network management.

Action by the Commission August 5, 2005, by Policy Statement (FCC 05-151).
Chairman Martin, Commissioners Martin, Abernathy, Copps, and Adelstein, with Chairman Martin issuing a statement.

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said by From Time Warner's Help Desk :

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TIME WARNER ANNOUNCES INTRODUCTION OF PACKET SHAPING TECHNOLOGY NATIONWIDE

June 6, 2007 -- Time Warner today implemented a network management tool to improve the operation of the network for all subscribers. As a result, a small minority of users may experience slower speeds during peak hours when using certain applications that consume lots of bandwidth. You can address this situation by reducing your use of bandwidth-intensive applications during peak hours. "Peak hours" are generally in the evenings.

"Packet shaping" technology has been implemented for newsgroup applications, regardless of the provider, and all peer-to-peer networks and certain other high bandwidth applications not necessarily limited to audio, video, and voice over IP telephony. Road Runner reserves the right to implement network management tools for other applications in the future.

Customers are reminded of the terms of our Acceptable Use Policy at »help.rr.com/aup:

* The Road Runner service may not be used to engage in any conduct that
interferes with Road Runner's ability to provide service to others,
including the use of excessive bandwidth.

* The Road Runner service may not be used to breach or attempt to breach
the security, the computer, the software or the data of any person or
entity, including Road Runner, to circumvent the user authentication
features or security of any host, network or account, to use or
distribute tools designed to compromise security, or to interfere with
another's use of the Road Runner service through the posting or
transmitting of a virus or other harmful item or to deliberately
overload or flood that entity's system.

Customers are further advised that efforts designed to circumvent our network management
tools may be in violation of our Acceptable Use Policy and may result in account suspension
without warning.

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