I think the recent uproar over traffic shaping, plus ComCast cavalierly changing its TOS [terms of service] acknowledging its non-neutrality tactics and to allow traffic shaping, made Kevin look bad and gave substance to charges that he favors the cable companies. So he has to counter the charges by at least appearing to get tough with the cable companies.

Here is why he is in hot water [bending over on shaping, not doing anything about it and the Net Neutrality issue]:

On December 3, 2007, John Dingell (D) of the House Commerce Committee sent a letter to Martin stating that “given several events and proceedings over the past year, I am rapidly losing confidence that the commission has been conducting its affairs in an appropriate manner.”

Martin is under investigation for a lack of transparency in FCC proceedings as well as an abuse of his power in relation to cable industry regulations. He has also been accused of keeping his fellow commissioners in the dark in an attempt to push through policy. Dingell further commented that this, his cable industry proceedings, as well as an attempt to relax the newspaper-broadcast cross-ownership ban “lead to larger concerns as to the inclination and ability of the commission to perform its core mission: the implementation of federal law to serve the public interest.”[