On the heels of the scuff up surrounding Comcast's throttling of BitTorrent traffic, we yesterday confirmed that Cox uses a very similar system (forged TCP packets) to also throttle upstream peer to peer traffic. P2P video operator Vuze (the Azureus BitTorrent video platform formerly known as Zudeo) yesterday filed a complaint with the FCC asking the agency to stop providers from blocking or slowing p2p traffic.

According to a statement (pdf) by Vuze, their service, which has 12 million viewers, has the right to be accessed by broadband customers without "arbitrary interference" from ISPs. Given that a growing number of legitimate p2p video delivery services compete with TV content from outfits like Comcast and Cox, it's a legitimate worry.

"The rapid convergence of the entertainment and Internet industries has enabled the delivery of high-quality video, and these throttling tactics represent growing pains as ISPs resist inevitable change," says Gilles BianRosa, CEO of Vuze. "We hope our Petition will trigger a public discussion, but we also need the FCC to act. The industry needs transparency into what ISPs are doing and an environment that fosters innovation in online entertainment."

Yes, transparency has been a problem. Comcast has been less than forthcoming about their traffic shaping practices and refuses to bluntly admit they even employ monthly caps. Cox clearly states their caps, but makes no mention of the fact they impede upstream p2p traffic.

So will the FCC do anything? Probably not. Sure, FCC boss Kevin Martin is not a big cable fan, and a slap on the nose of cable providers would please his primary constituents, AT&T and Verizon. But the FCC majority has made it clear that anything outside of a total traffic blockade will be considered "reasonable network management." Don't expect any substantive action from the FCC on this front until there's a shakeup of commissioners.