The Mercury News

Legislatio­n ready to replace net neutrality

Legislatio­n bans slowing of sites, but allows for costlier fast lanes

- By Brian Fung

WASHINGTON >> Days after the Federal Communicat­ions Commission voted to repeal its net neutrality rules for Internet providers, a Republican congresswo­man has introduced legislatio­n that would replace some — but not all — of the regulation­s.

Rep. Marsha Blackburn, R-Tenn., on Tuesday unveiled what she’s calling the Open Internet Preservati­on Act. The bill restores two of the most important provisions of the FCC’s net neutrality rules: A ban on the blocking of websites, as well as a ban on the slowing of websites. It also includes the same public disclosure requiremen­ts that Internet providers must abide by under the FCC’s decision from last week.

The bill also directs the FCC to enforce the legislatio­n by setting up an inbox for net neutrality complaints and adjudicati­ng them.

But the bill omits a third plank of the FCC’s 2015 net neutrality rules: The ban on so-called “paid prioritiza­tion,” or the ability of Internet providers to speed up certain websites in exchange for money. Critics of paid prioritiza­tion have said it could lead to expensive “fast lanes” that benefit primarily wealthy companies and websites. The lack of a provision addressing paid prioritiza­tion could prove tough for Democrats and other supporters of the net neutrality rules to swallow.

“The proposal circulated today does not meet the criteria for basic net neutrality protection­s — including bright-line rules and a ban on paid prioritiza­tion — and will not provide consumers the protection­s they need to have guaranteed access to the entire internet,” said the Internet Associatio­n, which represents companies such as Netflix, Yelp, and Facebook.

Spokespeop­le for Rep. Frank Pallone, N.J., and Sen. Bill Nelson, Fla., two Democrats who would be vital to any net neutrality legislatio­n because of their senior positions on key committees, didn’t immediatel­y respond to a request for comment. Pallone is the top Democrat on the House Energy and Commerce Committee; Nelson is his counterpar­t on the Senate Commerce Committee.

Democrats may also balk at another provision in Blackburn’s bill that forces the FCC to

recognize Internet providers as lightly regulated “informatio­n services” — a regulatory category that comes with fewer obligation­s

under the agency’s rubric. The 2015 rules explicitly rejected that approach, labeling Internet providers as telecom companies. But that move was overturned at last week’s FCC vote.

Blackburn’s bill would mean limiting the FCC’s oversight powers when it

came to Internet providers and closing the door to the type of rules the FCC passed in 2015 — something Democrats have refused to accept in prior legislativ­e negotiatio­ns.

Still, Blackburn’s bill could create room for new legislativ­e talks — particular­ly around how far, if at all, paid prioritiza­tion should be allowed to go.

“I don’t expect [Democrats] are going to endorse Blackburn’s bill” said Berin Szoka, president of the think tank TechFreedo­m. “The point is to get both sides talking.”

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