LAW OFFICES GOLDBERG, GODLES, WIENER & WRIGHT 1229 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036 HENRY GOLDBERG (202) 429-4900 JOSEPH A. GODLES TELECOPIER: JONATHAN L. WIENER (202) 429-4912 LAURA A. STEFANI [email protected] DEVENDRA (“DAVE”) KUMAR HENRIETTA WRIGHT THOMAS G. GHERARDI, P.C. COUNSEL THOMAS S. TYCZ* SENIOR POLICY ADVISOR *NOT AN ATTORNEY April 22, 2008 ELECTRONIC FILING Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Broadband Industry Practices, WC Docket No. 07-52 Dear Ms. Dortch: On April 21, on behalf of Vuze, Inc. (“Vuze”), the undersigned e-mailed the attached material to Aaron Goldberger and Ian Dillner, both legal advisors to Chairman Kevin J. Martin. The material reflects the results of a recent study conducted by Vuze, in which Vuze created and made available to its users a software plug-in that measures the rate at which network communications are being interrupted by reset messages. The Vuze plug-in measures all network interruptions, and cannot differentiate between reset activity occurring in the ordinary course and reset activity that is artificially interposed by a network operator. While Vuze, therefore, has drawn no firm conclusions from its network monitoring study, it believes the results are significant enough to raise them with network operators and commence a dialog regarding their network management practices. Accordingly, Vuze has sent the attached letters to four of the network operators whose rate of reset activity appeared to be higher than that of many others. While Vuze continues to believe that Commission involvement in this Marlene H. Dortch April 22, 2008 Page 2 area is required to provide consumers and application developers with greater certainty, it remains committed to working with network operators and other industry parties to address network management practices. Please direct any questions regarding this matter to the undersigned. Respectfully, Henry Goldberg Devendra T. Kumar Counsel for Vuze, Inc. cc: Aaron Goldberger Ian Dillner - 2 - Vuze Inc. 558 Waverley Street Palo Alto CA 94301 Ron Grant President & Chief Operating Officer AOL LLC 770 Broadway New York, NY 10003 Dear Mr Grant I am writing to request your cooperation in helping to bring transparency to consumers with regard to your network management practices. As you are probably aware, in November, 2007 we filed a Petition for Rulemaking with the Federal Communications Commission (FCC) asking that it establish rules clarifying reasonable network management practices. We believe that rules are essential, as well as industry collaboration, in order to protect the Internet as an open, level-playing field where innovation can thrive. The FCC has now received comments on our Petition and held public hearings at Harvard and at Stanford, with the aim of gathering more information on this important issue. In an effort to bring more data to this inquiry, in March, 2008, we created and made available to our users a software plug-in (Vuze Plug-In) that measures the rate at which network communications are being interrupted by reset (RST) messages. Some network operators have admitted managing their network by introducing false reset messages. The Vuze Plug-In measures all network interruptions, and cannot differentiate between reset activity occurring in the ordinary course and reset activity that is artificially interposed by a network operator. While we appreciate the methodological limitations of our data, and therefore have drawn no firm conclusions from it, we believe the results show a significant enough difference in the level of resets from one network operator to another, to warrant asking certain network operators to describe their network management practices. In reviewing our data we have identified that the rate of reset activity in the ASN pertaining to your company appears to be higher than many others. On behalf of our company and our user community, and in the spirit of openness and transparency, we would appreciate it if you could outline the specific network management practices your company uses, including, particularly, whether your network management practices include the use of false reset messages. We welcome your response and are more than open to discussing how we can work together for the benefit of consumers. You will find attached our report that outlines our methodology and results. The report, along with this letter and all of the raw data will be made public for anyone who wishes to review it. We look forward to hearing from you. Very truly yours, Gilles BianRosa CEO, Vuze Inc. Vuze Inc. 558 Waverley Street Palo Alto CA 94301 Randall L Stephenson CEO AT& T (Bell South) 75 E Houston St # 100 San Antonio, TX 78205 Dear Mr Stephenson I am writing to request your cooperation in helping to bring transparency to consumers with regard to your network management practices. As you are probably aware, in November, 2007 we filed a Petition for Rulemaking with the Federal Communications Commission (FCC) asking that it establish rules clarifying reasonable network management practices. We believe that rules are essential, as well as industry collaboration, in order to protect the Internet as an open, level-playing field where innovation can thrive. The FCC has now received comments on our Petition and held public hearings at Harvard and at Stanford, with the aim of gathering more information on this important issue. In an effort to bring more data to this inquiry, in March, 2008, we created and made available to our users a software plug-in (Vuze Plug-In) that measures the rate at which network communications are being interrupted by reset (RST) messages. Some network operators have admitted managing their network by introducing false reset messages. The Vuze Plug-In measures all network interruptions, and cannot differentiate between reset activity occurring in the ordinary course and reset activity that is artificially interposed by a network operator. While we appreciate the methodological limitations of our data, and therefore have drawn no firm conclusions from it, we believe the results show a significant enough difference in the level of resets from one network operator to another, to warrant asking certain network operators to describe their network management practices. In reviewing our data we have identified that the rate of reset activity in the ASN pertaining to your company appears to be higher than many others. On behalf of our company and our user community, and in the spirit of openness and transparency, we would appreciate it if you could outline the specific network management practices your company uses, including, particularly, whether your network management practices include the use of false reset messages. We welcome your response and are more than open to discussing how we can work together for the benefit of consumers. You will find attached our report that outlines our methodology and results. The report, along with this letter and all of the raw data will be made public for anyone who wishes to review it. We look forward to hearing from you. Very truly yours, Gilles BianRosa CEO, Vuze Inc. Vuze Inc. 558 Waverley Street Palo Alto CA 94301 Tom Rutledge Chief Operating Officer Cablevision Systems Corp. 1111 Stewart Avenue Bethpage, NY 11714 Dear Mr Rutledge, I am writing to request your cooperation in helping to bring transparency to consumers with regard to your network management practices. As you are probably aware, in November, 2007 we filed a Petition for Rulemaking with the Federal Communications Commission (FCC) asking that it establish rules clarifying reasonable network management practices. We believe that rules are essential, as well as industry collaboration, in order to protect the Internet as an open, level-playing field where innovation can thrive. The FCC has now received comments on our Petition and held public hearings at Harvard and at Stanford, with the aim of gathering more information on this important issue. In an effort to bring more data to this inquiry, in March, 2008, we created and made available to our users a software plug-in (Vuze Plug-In) that measures the rate at which network communications are being interrupted by reset (RST) messages. Some network operators have admitted managing their network by introducing false reset messages. The Vuze Plug-In measures all network interruptions, and cannot differentiate between reset activity occurring in the ordinary course and reset activity that is artificially interposed by a network operator. While we appreciate the methodological limitations of our data, and therefore have drawn no firm conclusions from it, we believe the results show a significant enough difference in the level of resets from one network operator to another, to warrant asking certain network operators to describe their network management practices. In reviewing our data we have identified that the rate of reset activity in the ASN pertaining to your company appears to be higher than many others. On behalf of our company and our user community, and in the spirit of openness and transparency, we would appreciate it if you could outline the specific network management practices your company uses, including, particularly, whether your network management practices include the use of false reset messages. We welcome your response and are more than open to discussing how we can work together for the benefit of consumers. You will find attached our report that outlines our methodology and results. The report, along with this letter and all of the raw data will be made public for anyone who wishes to review it. We look forward to hearing from you. Very truly yours, Gilles BianRosa CEO, Vuze Inc. Vuze Inc. 558 Waverley Street Palo Alto CA 94301 Louis Audet CEO Cogeco Inc. 5, Place Ville-Marie Suite 915 Montreal, Quebec, H3B 2G2 Dear Mr Audet, I am writing to request your cooperation in helping to bring transparency to consumers with regard to your network management practices.