Comcast accused of violating NBC merger commitment and network neutrality rule

Public Knowledge has asked the Federal Communications Commission to stop Comcast from exempting its own streaming video service from Internet data caps, saying that selective enforcement of caps violates a merger condition from when Comcast purchased NBCUniversal and may violate a network neutrality rule.

PK’s petition relates to "Stream TV," a service for Comcast's Internet-only customers that streams live TV channels to computers, tablets, and phones. Stream TV doesn't require a set-top box, but Comcast says it "is an in-home cable service delivered over Comcast's cable system, not over the Internet." Stream TV offers some video outside the home, but live TV channels can only be watched on Comcast customers' home Internet connections. Public Knowledge points out that when Comcast won government approval to buy NBCUniversal in 2011, the FCC and Department of Justice "prohibited Comcast from excluding its own services from data caps or metering and required it to count traffic from competing online video services the same as its own." Public Knowledge also says the data cap exemption for Stream TV should be stopped by the FCC's net neutrality order; though the net neutrality rules don't specifically ban zero-rating, the FCC imposed a "general conduct" rule to be applied on a case-by-case basis. That rule is meant to stop practices that limit consumers' access to content or the ability of online service providers to reach consumers. Comcast argues that Stream TV's data cap exemption doesn't violate the merger condition or net neutrality because it is a cable service and not an Internet one. Public Knowledge is trying to convince the FCC that Comcast is wrong.