Legislation ready to replace net neutrality
Legislation bans slowing of sites, but allows for costlier fast lanes
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.”