-------- (Dec 28, 2008) --------
Received: 12/28/2008 8:24:14 PM
Subject: question on internet policy statement, Comcast's refusal to change its ToS, and my rights as a consumer
To Whom it May Concern;
I have a question.
According to the FCC's Internet Policy Statement, "To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement."
Yet, Comcast's Terms of Service for "residential customers" (
http://www.comcast.net/terms/use/) state, under "technical restrictions" and "network and usage restrictions" that "these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Comcast Equipment, either individually or in combination with one another, to:"
* "use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network ("Premises LAN"), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;"
* "use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;"
* "resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit)"
I would like some guidance on whether I, as a paying customer living in the US, can ignore any or all of these restrictions (even before Comcast changes its Terms of Service), because:
(a) It goes against the FCC's internet policy statement in terms of being able to run an application or service of my choice (eg: a web-server that hosts my website(s))
(b) ...because of the FCC's recent ruling against Comcast (File No. EB-08-IH-1518) prohibiting unreasonable network management.
(c) It arbitrarily and unreasonably restrains trade as it relates to some of the same things in (b)-- eg: prohibiting running web-servers, such as those that host a website. (which is functionally equivalent to using P2P servers, or even "regular" uploading and downloading), just so Comcast can force customers into its twice-as-expensive "business plan" without these restrictions.
In terms of this point and (d), I have submitted a complaint on the Federal Trade Commission website, reference number: #21239843.
(d) by restraint of trade trade as it relates to use of the service for a business, profit or non-profit-- under the current Terms of Service, a customer cannot even use his Comcast email service in order to send business emails or any other type of communication! Surely that is ridiculous?
Can you please, in addition to emailing me a response, fax a response to ensure delivery? The fax number is: xxxxx.
Thank you for your time,
xxxxx
-------- (December 28, 2008) --------
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-------- (February 6, 2009) --------
Is the FCC going to respond? Ever?
-------- (February 9, 2009) --------
You are receiving this email in response to your inquiry to the FCC.
Dear xxxxx,
Thank you for contacting the FCC.
You may view the remedy that Comcast sent to the FCC to comply with EB-08-IH-1518 at
http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520169715. If you feel the company is in violation, you may file a complaint at
https://esupport.fcc.gov/sform2000/f...orm_page=2000B.
Regards,
TSR36
-------- (February 9, 2009) --------
Hello,
That form isn't going to help me. It is for "Billing, Privacy, or Service Quality Complaint"s, which does not fit what I am asking for.
Comcast's network management policy is not protocol agnostic (because it prohibits the running of "servers" as of right now. They use some different protocols versus regular online usage, such as ftp [upload]) and furthermore its "content management policy" is also not agnostic. The content management policy is the most troubling.
Here is my original message. I would appreciate an answer to my question as to "whether I, as a paying customer living in the US, can ignore any or all of these restrictions", which I believe are unlawful. Thank you.
<original message follows>
-------- (February 11, 2009) --------
You are receiving this email in response to your inquiry to the FCC.
Dear xxxxx,
Thank you for contacting the FCC.
Again, to file a complaint against Comcast, you may do so at
https://esupport.fcc.gov/sform2000/f...orm_page=2000B.
Regards,
TSR36
Representative Number : TSR36
-------- (February 11, 2009) --------
I don't want to file a complaint.
-------- (February 12, 2009) --------
You are receiving this email in response to your inquiry to the FCC.
Dear Consumer,
Thank you for contacting the Consumer and Governmental Affairs Bureau. I have enclosed a consumer fact sheet that should address your concerns.
Representative Number : PCC12
-------- (February 12, 2009) --------
Hello,
There was nothing attached to your email.
I asked a very specific question, and I would like a specific response.
Thank you.
xxxxx
-------- (February 12, 2009) --------
You are receiving this email in response to your inquiry to the FCC.
You may view the remedy that Comcast sent to the FCC to comply with EB-08-IH-1518 at
http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520169715. If you feel the company is in violation, you may file a complaint at
https://esupport.fcc.gov/sform2000/f...orm_page=2000B.
Thank you
Representative Number : TSR09
-------- (February 12, 2009) --------
Please re-read my question.
-------- (February 12, 2009) --------
You are receiving this email in response to your inquiry to the FCC.
Dear xxxxx,
Thank you for your correspondence. The fact that Comcast offers a "Business Plan" without the restrictions negates the premise that Comcast is unreasonably restricting trade. The Terms of Service (ToS) of the "Residential" plan stipulates that it is to be used for personal and non-commercial residential use only. It does not preclude making making purchases or transactions of a personal nature.
Regards,
TSR36
Representative Number : TSR36
-------- (February 12, 2009) --------
Thank you for the partial and cursory answer. I suppose this is the best you guys at
fccinfo@fcc.gov can do, so I'll just leave it at that.
-xxxxx