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Public Knowledge 'Appalled' At RCN Settlement Case
Laments FCC's authority over network management
by Karl Bode Tuesday 20-Apr-2010 tags: business · net-neutrality · RCN CABLE · RCN (DSL)
Yesterday we were the first to report that cable overbuilder RCN had settled a class action lawsuit for throttling of user P2P traffic. According to an e-mail sent to subscribers, the lawsuit accused RCN of "delaying or blocking" broadband subscriber traffic using network management practices that sounded very similar to the packet forgery practices that resulted in a Comcast FCC "sanction." As part of the settlement, RCN promised to "cease and desist" all network management practices which specifically affect P2P Internet traffic for a period of eighteen months. Public Knowledge has since chimed in with a statement:

"We learned today that another Internet Service Provider, this time RCN, was throttling its customers Internet traffic. This is yet another example showing why the Federal Communications Commission (FCC) needs to be given the authority over Internet access service. As of now, there is no Federal cop on the beat to protect consumers. Not every consumer will take a case to court, and not every cable company would be willing to settle what could be prolonged litigation. The Commission’s regulatory authority needs to be reinstated as quickly as possible."

A copy of the settlement is available here (pdf). Of course as part of the settlement, RCN "vigorously" denied any wrong doing.

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Maggs
Premium
join:2002-11-29
Woodside, NY
Reviews:
·RCN CABLE

Too much time on their hands

Someone really has too much time on their hands. RCN needs to manage its' network, and they should be allowed to throttle excessive P2P usage. Chin vs. RCN, really it's probably some kid who wants to play WoW all day and trade warez.
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funchords
Hello
Premium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5

1 edit

Re: Too much time on their hands

said by Maggs:

and they should be allowed to throttle excessive P2P usage
...except that there is no evidence that RCN is throttling *excessive* usage at all, so don't jump to any conclusions. In fact, we have Comcast and Cox as a guide, which studies proved were interfering with P2P regardless of congestion.

If they followed the path of Comcast and Cox, then they throttled usage, regardless of excess or congestion or any other factor.
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talz13

join:2006-03-15
Avon, OH
said by Maggs:

Someone really has too much time on their hands. RCN needs to manage its' network, and they should be allowed to throttle excessive P2P usage. Chin vs. RCN, really it's probably some kid who wants to play WoW all day and trade warez.
What's wrong with wanting to play WoW all day, and why do you lump that in with trading warez?
axiomatic

join:2006-08-23
Tomball, TX

Re: Too much time on their hands

No doubt. That just opened a can of crazy all over his post.

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
join:2002-03-03
USA
kudos:4

2 edits

The Commission's regulatory authority needs to be reinstated

The Commission’s regulatory authority needs to be reinstated as quickly as possible
I am not surprised that "Public Knowledge" is in favor of big government regulation. They come down on the side of throttling businesses at every opportunity. It would have been a surprise if they decided that the FCC needs some actual legal authority from Congress to regulate industry.
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knightmb
Everybody Lies

join:2003-12-01
Franklin, TN

Re: The Commission's regulatory authority needs to be reinstated

said by Romney2012:

The Commission’s regulatory authority needs to be reinstated as quickly as possible
I am not surprised that "Public Knowledge" is in favor of big government regulation. They come down on the side of throttling businesses at every opportunity. It would have been a surprise if they decided that the FCC needs some actual legal authority from Congress to regulate industry.
Does it really take a *big* government though? Seems there are enough independent people to turn them in. Just like there isn't a police officer per house because most of the the people take it upon themselves to report crimes in progress.

So, the neighbor calls the police because some strange guy is breaking into the house next door. The police come out and tell the guy after slapping his wrist "Don't do it again good sir or next time we will have to come out and slap your wrist twice" for which the burglar responds "I have learned the lesson of my mis-deeds and will not break into another house until next week", they both part ways and the neighbor is left with a weird expression on his face.
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viperlmw
Premium
join:2005-01-25
said by Romney2012:

The Commission’s regulatory authority needs to be reinstated as quickly as possible
I am not surprised that "Public Knowledge" is in favor of big government regulation. They come down on the side of throttling businesses at every opportunity. It would have been a surprise if they decided that the FCC needs some actual legal authority from Congress to regulate industry.
No, Public Knowledge is in favor of consumer protections. If it takes government regulation to acomplish this, then so be it.

bandwithog12

@rcn.com

sloooow

rcn's bandwith is so limited so they had no choice but then again comcast was doing the same
tmc8080

join:2004-04-24
Brooklyn, NY
Reviews:
·Optimum Online
·Verizon FiOS

let the rebranding begin..

RCN was bought out by an investment group anyways.. so expect a retread of a new branding... gone will be the Live Throttlewire of Communications... in, will be the micro-enron of small carrier triple play. Sorry, I have too much synicism about investors in a minority isp being anything benevolent (for the subscribership).

Btw, there are legitimate uses of p2p & heavy usage of broadband service-- not everything is the gluttonous ravaging of everything copyrighted onto hdd, optical & other medias 24/7/365. For example, linux isos (yeah...) and my favorite... pod & vidcasts...

you can start with Leo Laporte & the twit army...
twit.tv/live

llllll

@dclient.hispeed.ch

Comcast-vs-FCC-Case

Sentelle/Randolph/Tatel(case 08-1291)

Because the judges Sentelle/Randolph/Tatel removed their opinion on the following link

»www.dcappeals.gov/dccourts/appea···mojs.jsp

I give You their verdict here :

»www.scribd.com/doc/29502948/US-C···FCC-Case

This legal opinion draws at least in do...ubt the last autumn from FCC Chairman Julius Genachowski outlined and provisionally prepared principles of network neutrality.

Net neutrality authority can go forward ?

Whatever it means.

Neither FCC nor the judiciary are actually interested in the sense of a real democracy; and indymedia is an example of how uncomfortable political opinions during the summit in France E8 were suppressed by a Swiss prosecutor, i.e. Daniel Zappelli, the Attorney General of Geneva.
spongyfungy

join:2002-08-15
Chicago, IL

1 edit

never felt throttled

have RCN for years and never for a second felt I was being throttled

20MBps/2Mbps up. I always get 2.5MB/s down and 250 KB/s or higher up constantly.

There's no need for more regulation. It's their network, let them do want they want and the customer will ultimately decide
alanisrox69

join:2005-03-29
LHV, PA

Re: never felt throttled

said by spongyfungy:

have RCN for years and never for a second felt I was being throttled

20MBps/2Mbps up. I always get 2.5MB/s down and 250 KB/s or higher up constantly.

There's no need for more regulation. It's their network, let them do want they want and the customer will ultimately decide
They throttle SlingPlayer's default port for some unknown reason. I've mentioned it a few times to the 'unofficial officials' on this board and never got an answer. The funny thing is, all of them use SlingPlayers to access all different cities' feeds from wherever they are located (VA I think...)

Of course, changing the default SlingPlayer works fine, but sometimes it will randomly 'drop' to 0kbps here and there, even when both ends of the connection are working 100% fine (the end uploading the Sling feed is working, and the end downloading/viewing the Sling feed is working)...

That's really the only time I've found that I've been throttled...
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