In a side comment on the Adelphia buyout, FCC Chair Kevin Martin mentioned that the agency's five Commissioners remain divided on the question of "net neutrality."

"I continue to support the principles we adopted last summer," Martin said yesterday. "However, I do not think requirements are necessary at this time without evidence of actual harm to consumers or Internet users. The Commission has, and will continue to, monitor the situation and will not hesitate to take action to protect consumers when necessary."

Net Neutrality is the principle that all data flowing through the Internet should be treated equally, and more specifically, billed equally and allowed access equally, so that private interests, such as AT&T or Verizon, cannot prioritize what content consumers see and hear on cyberspace.

While not specifically using the phrase "net neutrality," on August 5th, 2005 the Commission declared that it had "jurisdiction necessary to ensure that providers of telecommunications for Internet access or Internet Protocol-enabled (IP-enabled) services are operated in a neutral manner." The agency outlined four principles that would guide its policy making and enforcement practices in this regard:

• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers."

But in his August 5th remarks on the principles, Martin held back from endorsing any kind of intervention on the matter. "I remain confident that the marketplace will continue to ensure that these principles are maintained," he said. "I also am confident, therefore, that regulation is not, nor will be, required."

Martins reiteration of this stance comes as the United States Senate hotly debates the net neutrality question. On June 28th, the Senate Commerce Committee by an 11-11 vote rejected an amendment to a telecommunications bill that would have required big telecom firms to adhere to data equality principles. An alliance of media activists and content provider firms such as Google and eBay hope to see such an amendment proposed again when the bill comes before the full Senate.