IANAL.. but, I have maintained for quite a while that Bit Caps, Traffic 
Shaping, Pay-per-bit, etc., which affects *all traffic* the same is the 
only correct way to implement controls, and is the least likely to get 
you in trouble with the FCC.

The FCC basically wants to ensure that ISP's don't block specific 
applications from their network.   That is, the FCC has stated that 
customers have the right to use bittorrent on our networks, whether we 
like it or not.   What they haven't said anything about is our ability 
to charge customers for usage, so including only a specific amount of 
transfer is perfectly acceptable.

-forrest

Charles Wyble wrote:
> Any telcom lawyers on the list who can comment on the legality of 
> bandwidth caps? Based on my (admittedly limited) understanding of the 
> various laws/regulations this seems to be very close to illegal if not 
> outrightly so. However I am not a lawyer. Perhaps I should chat with the 
> EFF.
>
> Thanks for the link Jeff!
>
> Jeff Broadwick wrote:
>   
>> http://biz.yahoo.com/ap/080822/tec_internet_caps.html?.v=2
>>
>>   
>>     
>
>
>
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