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Says Comcast’s equipment didn’t distinguish between a network that needed management and one that didn’t

Testifying before Congress, FCC Chairman Kevin Martin presented a damning contrast (PDF) to Comcast’s claims that it blocked traffic only when needed.

“Contrary to some claims, it does not appear that [Comcast’s BitTorrent technique] was used only to occasionally delay traffic at particular nodes suffering from network congestion at that time,” said Martin. Basing his statements on testimony received, he added that Comcast’s blocking equipment is “typically deployed over a wider geographic or system area and would therefore have impacted numerous [regions] within a system simultaneously.”

Martin further accuses Comcast of not using “content agnostic” management equipment, a point that violates FCC policy and inadvertently conceded by Comcast, who recently announced a switch to “content agnostic” network management techniques.

Comcast says it expects to have its network switched over by either the end of this year or early 2009 – a timetable that many, including the FCC, have found unsatisfactory. Comcast claims that it can’t implement a change instantly as such a tactic would overwhelm its network.

Regardless of Comcast’s stated intentions – and prior praise for the change, taken entirely on Comcast’s own initiative – Martin expressed doubts on Comcast’s commitment: “Indeed, the question is not when they will begin using a new approach but if and when they are committing to stop using the old one,” he said.

However, the seemingly adversarial relationship between ISPs and the FCC enjoys at least one common ground: Kyle McSlarrow, president and CEO of the National Cable and Telecommunications Association, urged Congress not to regulate (PDF) ISPs’ management of their networks – a point that Martin agrees with.

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