This Friday, the FCC will hold an Open Meeting and the first agenda item is the complaint by Free Press and Public Knowledge against Comcast. According to an article in the Wall Street Journal today, the agency “will rule that the cable giant violated federal policy by deliberately preventing some customers from sharing videos online via file-sharing services like BitTorrent…”

As I wrote just last week, it’s critical that we can all agree with the principle that “some kind of network management is necessary to ensure a quality experience for our customers.” Once we get past that concept, we can discuss and debate what’s the best way to achieve the goal of a quality Internet experience, but we can hopefully also agree that the government is not the best body to make these decisions.

In this morning’s Washington Post, FCC Commissioner Robert M. McDowell poses the question: Who Should Solve This Internet Crisis? He outlines past network challenges and describes how “engineers, academics, software developers, Web infrastructure builders and others” came together to find solutions. He then answers his own question.

The Internet has flourished because it has operated under the principle that engineers, not politicians or bureaucrats, should solve engineering problems.

P2P apps present particular challenges for network managers, as McDowell acknowledges, and just building bigger pipes doesn’t fix the problem. That’s not to say that this challenge (and others) can’t be addressed. McDowell points out that we need to avoid creating a bigger problem.

Our Internet economy is the strongest in the world. It got that way not by government fiat but because interested parties worked together toward a common goal. As a worldwide network of networks, the Internet is the ultimate “wiki” environment — one that we all share, build, pay for and shape. Millions endeavor each day to keep it open and free. Since its early days as a government creation, it has migrated away from government regulation.

If we choose regulation over collaboration, we will be setting a precedent by thrusting politicians and bureaucrats into engineering decisions.

For about a year now, NCTA has been shining a light on the DOCSIS 3.0 specification. Thanks to channel bonding, cable operators will be able to offer wideband service to consumers, with speeds exceeding 100 Mbps downstream. About a month ago, we noted the first deployment of DOCSIS 3.0 in the U.S.

A new article in CED Magazine (“DOCSIS 3.0 arrives“) takes a look at deployments by Videotron and Comcast.

After a year-long trial, [Canadian operator] Videotron is serving up two tiers of the wideband service with speeds of 30 Mbps and 50 Mbps. The slower “Ultimate Speed” costs $64.95 a month while the faster speed checks in at $79.95 a month.

Currently, Videotron’s Ultimate Speed services are available to 112,000 homes in Quebec, with the goal of offering the service to Videotron’s entire footprint of 933,000 homes by next year.

The article notes that, although Videotron didn’t need to do so, some operators may need to use Switched Digital Bandwidth to free up additional DOCSIS channels.

Comcast also picked a system where it wouldn’t need to clear room for more spectrum when it unveiled its first wideband deployment last month in the Minneapolis/St. Paul area with speeds of 50 Mbps on the downstream and 5 Mbps on the upstream.

The service is available to residential customers for $149.95 a month while small to medium-sized businesses can get the increased speeds for $199.95 a month.

Some operators are apparently planning on deployment in 2009.

NCTA has been drawing attention to the DOCSIS 3.0 specification for almost a year now. You may have seen the video of Comcast’s Brian Roberts demonstrating wideband at The Cable Show in Las Vegas last year.

Big news this week as Comcast launched wideband service in the Twin Cities on Thursday. It’s a new extreme high-speed Internet residential and business service featuring up to 50 Mbps download and up to 5 Mbps upload speeds. Comcast will be launching to about 500,000 homes in the Minneapolis-Saint Paul area. In addition to the new hi-speed tier, Comcast is also increasing upload speeds for its residential Performance and Performance Plus service tiers for no additional charge. For example, the 6 Mbps/384 Kbps Performance tier will increase to 6 Mbps/1 Mbps and the 8 Mbps/768 Kbps Performance Plus tier will go up to 8 Mbps/2 Mbps

As I posted previously, Brian Roberts mentioned DOCSIS 3.0 rollout during his CES address a few months ago. Plans are to roll out DOCSIS 3.0 to about 20% of Comcast’s markets by the end of the year.

There was coverage on Ars Technica, Engadget, Gizmodo, and the NY Times‘ Bits blog, but I was intrigued to see this post, which seemed to be from one of the first business customers to sign up for the service.

My experiences thus far have been amazing. When we first started to use it after the install, I broke into a huge grin as pages loaded instantly and I ran a 345MB update which hit my downloads folder and completed in what seemed like two minutes (it actually downloaded so quickly I forgot to watch it and time it). I’ve been achieving ~40mbps down and 3.4 to 4.1mbps upload speeds on average (which, of course, are dependent upon so many variables like internet traffic, server load and so on) so multi-use of our broadband connection has become more useful.

Nothing like first-hand reports.

Just to review a few fundamentals, DOCSIS stands for Data over Cable Service Interface Specifications. Cable operators right now use one 6 MHz channel slot to deliver high-speed data service. DOCSIS 3.0 describes a methodology for channel bonding, which allows you to combine 2, 3, 4 or more DOCSIS channels to increase the speed and throughput of the high-speed data service. The bonded channels do not have to be contiguous.

If you’re a cable customer, all you really care about is faster speeds. But the impact is broader, since DOCSIS 3.0 means better bandwidth utilization, improved video quality, enhanced security, better reporting to manage traffic, and enhanced tools to detect plant problems.

A couple weeks ago, I mentioned cable’s own digital transition, and that shift of channels from analog to digital that frees up channels that can then be bonded to provide faster Internet access. In addition, it will allow cable operators to eventually provide video over DOCSIS services, also known as IPTV. For bandwidth efficiency, 3.0 allows operators to dedicate and isolate a video downstream to any and all users who want to watch it at the same time, in a simulation of the way linear TV works.

So, the full impact of of DOCSIS 3.0 is still to come.

The big news today is the deal announced between Comcast and BitTorrent. According to the article in the Wall Street Journal:

The companies are in talks to collaborate on ways to run BitTorrent’s technology more smoothly on Comcast’s broadband network, and allow Comcast to transport video files more effectively over its own network in the future, said Tony Warner, Comcast’s chief technology officer.

In a nice piece of timing, NCTA pretty much argued for exactly this approach on Thursday of last week, during a media briefing to address the topic of broadband network management. CNET’s Anne Broache provided coverage:

Kyle McSlarrow, president of the National Cable and Telecommunications Association, said he’s “amused” that in all the coverage of the Comcast-BitTorrent spat, no one’s talking about the cable industry’s role in getting high-speed Internet service to millions of American households and, by extension, enabling online applications and services to take off.

“One of the ironies is that most of these applications depended on cable’s rollout of residential broadband and our ongoing efforts to optimize the network to deliver the experience our customers expect,” McSlarrow said…

Kyle argued we should encourage experimentation in the issue of network management and then the marketplace and the Internet community can judge which solutions work best. You can hear the whole briefing by downloading this MP3.

Ken Ferree, President of the Progress & Freedom Foundation and former head of the Cable Services Bureau at the FCC, had this reaction to the call:

…Mr. McSlarrow added color and line to a vision of the future that is hazy shades of gray for most of us. As he pointed out, the broadband market is yet in its infancy. It is the offspring of diverse experimentation, and it shall grow only through more, and varied, experimentation. Like Walt Whitman putting the chuff of one hand on our hip and gesturing with the other to the vast unknown landscapes before us, Mr. McSlarrow rightly cautioned against taking our ease with what we know today – today’s technologies, today’s protocols, today’s data sharing applications, today’s networks or services.

For tomorrow will turn upon technologies, networks, applications, and protocols that, in 2008, are nothing more than mysterious phantoms of ideas. And the speed of innovation is, if anything, increasing. We may well, in very short order, and assuming the government doesn’t freeze technology into place with misguided regulations or unnecessary limits on innovative new business models, all interact with technologies in ways that would seem completely foreign now.

And therein lives the magic of ingenious engineering, creative marketing, and courageous entrepreneurship. The vast, unknowable landscape of tomorrow can only be discovered by leaving the market free to explore where it will. “Here are bisquits to eat and here is milk to drink, but as soon as you sleep and renew yourself in sweet clothes, I kiss you with a good-by kiss and open the gate for your egress hence.”

For more information, you can read Declan McCullagh’s Q&A with Comcast’s Joe Waz about the BitTorrent deal.

I’ve been to CES a few times over the last five years. On my first few trips, it did seem a little odd to notice cable’s absence. Comcast Chairman & CEO Brian Roberts described a very similar experience in his keynote this morning, talking about walking the show floor a few years ago with Time Warner Cable’s Glenn Britt. As Roberts put it, “Cable was almost invisible.”

Following that experience, the cable industry reached out to the consumer electronics industry. He said that they heard complaints that cable was a regional business that operated in silos, that cable set-top boxes are closed and proprietary, and that, in general, cable made it too tough to innovate and to create products and services that could be sold in the retail environment. This morning’s address seemed a valuable pay-off to those efforts, with Roberts describing cable as a real partner to consumer electronics and retail.

He went on to describe the latest stage of his company’s development: Comcast 3.0. As part of the new Comcast, he said they were committing to a series of issues:

• Having the best fiber optic networks and IP infrastructure
• Delivering superior experience in hi-def and interactive
• Providing new levels of excellence in customer service
• Being a leader in innovation by providing “products and services that are converged, plug-and-play, user-friendly, and most important, easily open for third-party innovation.”

Many in the cable industry have debated over whether content is king or distribution. Roberts said that today the answer is clear: The consumer is king. The best way to serve consumers is by offering a wide array of choice.

He went on to profile such new services as wideband, Fancast, Project Infinity, the AnyPlay portable DVR, and the SmartZone communications center. You can read about the details elsewhere, but the important feature was that Comcast was preparing to offer more video that could be consumed in a more flexible fashion, more bandwidth and more features on its communications services. In a word: more.

On May 8th of last year, during NCTA’s annual Cable Show (also held in Las Vegas), Roberts demoed a DOCSIS 3.0 Cable Modem capable of delivering 160 Mbps using its “channel bonding” technology. You can see a video of that demo here and, as a sign of how far we’ve come over the last decade, you can also see Roberts demo a high-speed cable modem in 1996. Look at how fast the photos download! Check out the White House website!