"The carefully limited measures that Comcast takes to manage traffic on its broadband network -- including its very limited management of certain P2P protocols -- are a reasonable part of Comcast's strategy to ensure a high-quality, reliable Internet experience for all Comcast High-Speed Internet customers," the company said.

In another development, Rep. Edward J. Markey (D-Mass.), chairman of the House Energy and Commerce Committee's subcommittee on telecommunications and the Internet, introduced a bill Wednesday that would prevent Internet service providers such as Comcast from interfering with consumers' use of the network. The bill was cosponsored by Rep. Chip Pickering (R-Miss.).

Network Neutrality -- Again

The bill's goal, Markey said, is to assure that the "historic, open-architecture nature of the Internet will be preserved and fostered." Consumers and content providers "should be free to send, receive, access and use the lawful applications, content and services of their choice on broadband networks, possess the effective right to attach and use non-harmful devices to use in conjunction with their broadband services, and that content providers not be subjected to unreasonably discriminatory practices by broadband network providers," Markey said.

He also emphasized that the bill does not "regulate" the Internet. The bill "seeks to enshrine such principles in the law as guide stars for U.S. broadband policy." Under the bill, the Federal Communications Commission would be required to assess broadband practices and consumer rights, and to hold eight broadband summits around the U.S. and report back to Congress on its findings and recommendations.

In its filing, Comcast emphasized a distinction it has consistently made between managing and blocking traffic. "Importantly, in managing its network, Comcast does not block any content, application, or service; discriminate among providers; or otherwise violate any aspect of the principles set forth in the Internet Policy Statement," it said.

Defending the Network?

Comcast asserted that the BitTorrent file-sharing protocol "utilize(s) immense amounts of bandwidth in ways that are unpredictable and inconsistent and that can threaten to overwhelm network capacity and harm the online experience of other users." Comcast said that "even with continuous upgrades and constant investment ... network capacity is not -- and never will be -- unlimited."

Marvin Ammori, general counsel for FreePress, one of the groups that brought the petition, said Comcast built its network based on an assumption that most traffic would flow downstream from web servers to users. P2P protocols caught them by surprise and their shared-capacity network is unable to handle the new traffic. "Because people want to use the Internet in ways Comcast didn't plan for, they are trying to prevent them from doing so," Ammori told Dow Jones.

The FCC announced a public hearing on the network management issue to be held at Harvard Law School in Cambridge, Mass., on Feb. 26. The agency will hear from a panel of experts on network management practices.