Group items tagged

Now that the House of Representatives has floated a superficial net neutrality bill, it's the Senate's turn. Louisiana Senator John Kennedy has introduced a companion version of the Open Internet Preservation Act that effectively replicates the House measure put forward by Tennessee Representative Marsha Blackburn. As before, it supports net neutrality only on a basic level -- and there are provisions that would make it difficult to combat other abuses. The legislation would technically forbid internet providers from blocking and throttling content, but it wouldn't bar paid prioritization. Theoretically, ISPs could create de facto "slow lanes" for competing services by offering mediocre speeds unless they pay for faster connections. The bill would also curb the FCC's ability to deal with other violations, and would prevent states from passing their own net neutrality laws. In short, the bill is much more about limiting regulation than protecting open access and competition.Kennedy's bill isn't expected to go far in the Senate, just as Blackburn's hasn't done much in the House. However, his proposal comes mere days after senators put forward a Congressional Review Act that would undo the FCC's decision to kill net neutrality. Kennedy had claimed he was considering support for the CRA, but his proposal contradicts that -- why push a heavily watered-down bill if you were willing to revert to the stronger legislation? It's not a completely surprising move and is largely symbolic, but it's disappointing for those who hoped there would be truly bipartisan support for a return to net neutrality.

For years, Comcast has been promising that it won't violate the principles of net neutrality, regardless of whether the government imposes any net neutrality rules. That meant that Comcast wouldn't block or throttle lawful Internet traffic and that it wouldn't create fast lanes in order to collect tolls from Web companies that want priority access over the Comcast network. This was one of the ways in which Comcast argued that the Federal Communications Commission should not reclassify broadband providers as common carriers, a designation that forces ISPs to treat customers fairly in other ways. The Title II common carrier classification that makes net neutrality rules enforceable isn't necessary because ISPs won't violate net neutrality principles anyway, Comcast and other ISPs have claimed. But with Republican Ajit Pai now in charge at the Federal Communications Commission, Comcast's stance has changed. While the company still says it won't block or throttle Internet content, it has dropped its promise about not instituting paid prioritization.

Instead, Comcast now vaguely says that it won't "discriminate against lawful content" or impose "anti-competitive paid prioritization." The change in wording suggests that Comcast may offer paid fast lanes to websites or other online services, such as video streaming providers, after Pai's FCC eliminates the net neutrality rules next month.

In an appearance at the Consumer Electronics Show in Las Vegas today, FCC Chairman Tom Wheeler indicated that he will move to protect Net Neutrality by reclassifying Internet access under Title II of the Communications Act. The chairman plans to circulate a new rule in early February. The agency is expected to vote on it during its Feb. 26 open meeting. Free Press President and CEO Craig Aaron made the following statement: “Chairman Wheeler appears to have heard the demands of the millions of Internet users who have called for real Net Neutrality protections. The FCC’s past decisions to put its oversight authority on ice resulted in Net Neutrality being under constant threat. Wheeler now realizes that it’s best to simply follow the law Congress wrote and ignore the bogus claims of the biggest phone and cable companies and their well-financed front groups. “Of course the devil will be in the details, and we await publication of the agency's final decision. But it’s refreshing to see the chairman firmly reject the industry’s lies and scare tactics. As we’ve said all along, Title II is a very flexible, deregulatory framework that ensures investment and innovation while also preserving the important public interest principles of nondiscrimination, universal service, interconnection and competition.”

We owe everything we love about the Web to net neutrality, the principle that the Internet is an open platform and service providers like AT&T, Comcast, and Time Warner can’t dictate where you go and what you do online. Without net neutrality, the Web would look a lot like cable, with the most popular content available only on certain tiers or with certain providers. (Imagine AT&T as the exclusive home of Netflix and Comcast as the sole source of YouTube.)

In 2010, the Federal Communications Commission tried to establish concrete rules to protect net neutrality. But the agency ended up caving to pressure from the biggest phone and cable companies and left huge loopholes standing in the way of a truly open Internet. And now Verizon is in court challenging those rules — and the FCC’s authority to draft and enforce them to protect consumers and promote competition. That’s because under the Bush administration, the FCC decided to give away much of its authority to oversee our broadband networks. The current FCC could fix the problem by reclaiming this authority, but it hasn’t yet. If the FCC loses the case and fails to take the necessary action to reverse course, the agency will be toothless as the biggest Internet providers run amok and destroy everything we love about the Internet. Indeed, the second it looks like the FCC is going to be defeated, you can expect all the telecoms and ISPs to join hands and declare they’ve reached an agreement to self-regulate.

If this happens, they’ll win and we’ll lose. Online privacy will be a thing of the past. (If you thought it already was, believe me, things could get worse.) The ISPs will try to read all of your content so they can sell you to advertisers. New “troll tolls” will force content creators and others to pay discriminatory fees just to reach people online — and will require the rest of us to pony up for “premium” content. Does that sound Orwellian? That’s because it is. But this is no far-fetched scenario. It’s time for us to stand up and fight for our online rights. We need to tell the FCC to stop messing around. It’s time for the agency to fix its past mistakes — and establish strong net neutrality protections that are 100 percent loophole-free.

Democratic lawmakers will unveil a piece of bicameral legislation Tuesday that would force the Federal Communications Commission to ban fast lanes on the Internet. The proposal, put forward by Senate Judiciary Committee chair Patrick Leahy (D-Vt.) and Rep. Doris Matsui (D-Calif.), requires the FCC to use whatever authority it sees fit to make sure that Internet providers don't speed up certain types of content (like Netflix videos) at the expense of others (like e-mail). It wouldn't give the commission new powers, but the bill — known as the Online Competition and Consumer Choice Act — would give the FCC crucial political cover to prohibit what consumer advocates say would harm startup companies and Internet services by requiring them to pay extra fees to ISPs. "Americans are speaking loud and clear," said Leahy, who is holding a hearing on net neutrality in Vermont this summer. "They want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider."

The Democratic bill is another sign that net neutrality is dividing lawmakers along partisan lines. In May, Rep. Bob Latta (R-Ohio) introduced a bill that would prevent the FCC from reclassifying broadband. A Democratic aide conceded Monday that the Leahy-Matsui bill is unlikely to attract Republican cosponsors. The fact that Republicans control the House make it unlikely that the Leahy-Matsui bill will advance very far. Still, the politics of net neutrality are obscuring the underlying economics at stake, according to the aide, who asked not to be named because he wasn't authorized to speak publicly.

"People are missing the point," the aide said. "The point is: Ban paid prioritization. Because that'll fundamentally change how the Internet works." FCC Chairman Tom Wheeler has said that he's reserving the reclassification option in case his existing plan fails to protect consumers. He has been reluctant to use that option so far, likely because it would be politically controversial. But increasingly, it seems net neutrality is divisive enough without him.

That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections. Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC. These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission. All of this can be accomplished while encouraging investment in broadband networks. To preserve incentives for broadband operators to invest in their networks, my proposal will modernize Title II, tailoring it for the 21st century, in order to provide returns necessary to construct competitive networks. For example, there will be no rate regulation, no tariffs, no last-mile unbundling. Over the last 21 years, the wireless industry has invested almost $300 billion under similar rules, proving that modernized Title II regulation can encourage investment and competition.

Frustrated over the number of Internet providers that are available to you? If so, you're like many who are limited to just a handful of broadband companies. But now President Obama wants to change that, arguing that choice and competition are lacking in the U.S. broadband market. On Wednesday, Obama will unveil a series of measures aimed at making high-speed Web connections cheaper and more widely available to millions of Americans. The announcement will focus chiefly on efforts by cities to build their own alternatives to major Internet providers such as Comcast, Verizon or AT&T — a public option for Internet access, you could say. He'll write to the Federal Communications Commission urging the agency to help neutralize laws, erected by states, that effectively protect large established Internet providers against the threat represented by cities that want to build and offer their own, municipal Internet service. He'll direct federal agencies to expand grants and loans for these projects and for smaller, rural Internet providers. And he'll draw attention to a new coalition of mayors from 50 cities who've committed to spurring choice in the broadband industry.

"When more companies compete for your broadband business, it means lower prices," Jeff Zients, director of Obama's National Economic Council, told reporters Tuesday. "Broadband is no longer a luxury. It's a necessity." The announcement highlights a growing chorus of small and mid-sized cities that say they've been left behind by some of the country's biggest Internet providers. In many of these places, incumbent companies have delayed network upgrades or offer what customers say is unsatisfactory service because it isn't cost-effective to build new infrastructure. Many cities, such as Cedar Falls, Iowa, have responded by building their own, publicly operated competitors. Obama will travel to Cedar Falls on Wednesday to roll out his initiative.