The Federal Communications Commission has officially opened a pair of rule-making proceedings over network management in the wake of the discovery that Comcast occasionally blocks some BitTorrent and other traffic (Comcast calls it "delaying"). The proceedings are not unexpected, seeing as how FCC Chairman Kevin Martin promised an investigation last week at the Consumer Electronics Show.

In November, a handful of net neutrality advocates called on the FCC to investigate Comcast's traffic management practices to determine if they violated the FCC's policies. The proceedings initiated today by the FCC will do exactly that.

The FCC's Wireline Competition Bureau is looking for comment on a petition seeking a declaratory ruling that "the practice by broadband service providers of degrading peer-to-peer traffic violates the FCC's Internet Policy Statement" and that such practices fall outside of what the FCC calls "reasonable network management."

The second proceeding is intended to determine what, exactly, constitutes reasonable network management by ISPs. The petitioner, Vuze, Inc., wants the FCC to rule that such management prohibits broadband providers from blocking, degrading, or "unreasonably" discriminating against "lawful Internet applications, content, or technologies."

Under the FCC's 2005 Internet Policy Statement (PDF), ISPs are allowed to engage in "reasonable network management." At the same time, subscribers are also allowed to access lawful content as well as run applications and services of their choice, and connect legal devices to the network.

Vuze argues that ISPs should be able to manage traffic, but any management needs to be targeted at specific network impact rather than a class of applications (e.g., BitTorrent) and be completely transparent to end users. Comcast and other ISPs are reluctant to divulge exactly what measures they take to shape traffic.

Comcast executive vice president David L. Cohen defended his company's practices in a statement sent to Ars. "We look forward to responding to the FCC inquiries regarding our broadband network management," said Cohen. "We believe our practices are in accordance with the FCC's policy statement on the Internet where the Commission clearly recognized that reasonable network management is necessary for the good of all customers."

Cohen also reiterated Comcast's position that it doesn't block traffic. "Comcast does not, has not, and will not block any websites or online applications, including peer-to-peer services," he said, pledging to work with the FCC to "bring more transparency for consumers regarding broadband network management."

Free Press praised the FCC's decision. "Comcast blocking BitTorrent is the canary in the coal mine for corporations that seek to take over the Internet," said policy director Ben Scott. "The FCC should immediately stop Comcast from blocking Internet traffic and then proceed with this important investigation and public comment process. It's high time to involve the American public in this matter."

If you're interested in weighing in on the rule-making proceeding, you can use the FCC's Electronic Comment Filing System (referencing WC Docket no. 07-52). The deadline for submitting comments is February 13, 2008, and replies are due on February 28.