Saturday, February 19, 2011

Bill in Senate Would Settle Internet Equal Rights

January 25, 2011 | 5:26 PM

Sen. Maria Cantwell, D-Wash., introduced legislation Tuesday that would implement stronger rules aimed at preserving the openness of the Internet than those adopted by the Federal Communications Commission last month.

The bill would add a new section to Title II of the Communications Act that would incorporate the six network neutrality principles originally proposed by the FCC in 2009. Those proposed rules were later supplanted by FCC Chairman Julius Genachowski's more modest proposal, which was adopted on a party-line vote by the commission in December.

The original 2009 proposed rules would have codified four general open Internet principles along with two other more controversial rules that would require broadband providers to treat all Internet content, applications and services in a nondiscriminatory manner and mandate that providers be transparent about their network management practices.

The FCC order that was ultimately adopted did not apply the rule against "unreasonable" discrimination to wireless broadband, which many net neutrality proponents criticized.

Cantwell's bill also would bar broadband providers from instituting paid prioritization of Internet content. In addition, the measure would require that broadband Internet access charges, practices, classifications and regulations meet a "just and reasonable" standard and allow for consumers to file complaints with the FCC or in court. The measure also includes provisions aimed at spurring broadband adoption.

Cantwell said while she believes the FCC had the authority to implement its December net neutrality order, which critics say the commission lacks, she does not believe the rules were strong enough.

"The actions that the FCC and Congress take now will set the ground rules for competition on the broadband Internet, impacting innovation, investment, and jobs for years to come," Cantwell, a member of the Senate Commerce Committee, said in a statement. "My bill returns the broadband cop back to the beat, and creates the same set of obligations regardless of how consumers get their broadband."

The bill is co-sponsored by Sen. Al Franken, D-Minn., who said the "FCC ruling on net neutrality does not do nearly enough to protect consumers, and this bill is designed to maintain a free and open Internet."

In a letter to Cantwell supporting the bill, Public Knowledge President Gigi Sohn said the "legislation would firmly cement the democratic principles affirmed by an open Internet and ensure that the Internet remains the marketplace of ideas where no central authority, public or private, has the power to pick winners and losers."

Verizon filed a court challenge last week against the FCC net neutrality order, saying the commission lacked authority to act. But other major broadband providers including AT&T and Comcast offered tepid support for the FCC's order but are likely to oppose Cantwell's bill.

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