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Net Neutrality Back on Congress' Agenda

By Martin H. Bosworth
ConsumerAffairs.com

January 9, 2007

Net Neutrality • Internet Providers Ponder Bandwidth Limits For Heavy Users • Comcast, Cox Caught Blocking BitTorrent • Will Antitrust Law Save Net Neutrality? • Few Are Neutral in Net Neutrality Battles • Net Neutrality Supporters Testify • Comcast Blocks Public From FCC Hearing • Congress Gets Net Neutrality Legislation • Time Warner To Test Metered Pricing For Broadband • House Committee To Probe FCC • FCC To Investigate Comcast For Blocking Net Traffic • Verizon Wireless Opens Network to All Devices, Software • Comcast Sued Over Internet Blocking • Verizon Overrides Internet Searches With Its Own Results • Comcast Blocks Subscribers From Some Services • Verizon's Abortion Block Raises Net Neutrality Concerns • FTC Nixes Net Neutrality • Wireless Spectrum May Hold Key To Net Neutrality • Telcos Lift Block On FreeConference.Com • FCC Takes Another Look at Net Neutrality • AT&T Blocks Calls To Competing Conference Call Service • Study: Ending Net Neutrality Would Hurt Consumers • FCC, FTC Challenged To Protect Net Neutrality • Net Neutrality Back on Congress' Agenda • Net Neutrality Opponents Step Up PR Blitz • AT&T Trumpets New TV Service • Verizon Joins BellSouth in Retreat From Unexplained New DSL Fee • FCC Nudges BellSouth Into Giving Up New DSL Fees • FTC Head Urges "Caution" On Net Neutrality • Net Neutrality May Derail Telecom Bill • Google: No Net Neutrality Means Antitrust Fight • Senate Prepares for Net Neutrality Showdown • Congress Moves Quickly To Satisfy Telecoms' Net Neutrality, Cable Entry Demands • Net Neutrality Gets Its Day In Congress • Net Neutrality Wins Committee Vote In Congress • Net Neutrality Attracts Surprising Allies • Congress Wrestles with Net Neutrality

Net neutrality isn't getting overlooked amidst the flurry of legislation in the first days of the Democratic-controlled Congress, as lawmakers reintroduce a bill that would enshrine the principle of equal Internet access into law.

Senators Byron Dorgan (D-ND) and Olympia Snowe (R-ME) have introduced the "Internet Freedom Preservation Act," which would mandate network service providers to operate in a "nondiscriminatory" manner.

Supporters of net neutrality fear that telecommunications and cable companies want to prioritize service for clients who pay higher rates, while charging content providers extra fees over and above the millions they now pay for Internet access.

In a statement supporting the legislation, Dorgan said that service discrimination would "fundamentally change the way the Internet has operated and threatens to derail the democratic nature of the Internet."

Dorgan claimed that the values of the marketplace picked "winners and losers" for the Internet, not "central gatekeepers."

The bill would amend existing laws to enable broadband providers to offer different levels of service, as long as basic access was not slowed down or degraded as a result. It would require clear disclosure of the terms of a user's service, including how fast their Internet connections actually are.

The proposed legislation would also mandate that providers offer "stand-alone" or "naked" Internet access, without requiring customers to sign up for "bundled" packages that include telephone and cable

The Dorgan-Snowe bill was co-sponsored by a number of heavy hitters in the Senate, including John Kerry (D-MA), Barbara Boxer (D-CA), Patrick Leahy (D-VT), and possible 2008 candidates Hillary Clinton (D-NY) and Barack Obama (D-IL).

The bill had been introduced in the previous Congress during contentious debates on updates to the Communications Act, but failed to pass.

Debate over net neutrality ended up stalling the passage of any major telecom legislation, as author and former Commerce Committee chairman Ted Stevens (R-AK) failed to round up the 60 votes necessary to ensure a majority for passage.

Sen. Snowe hailed the reintroduction of the Internet Freedom Preservation Act as proof that "[t]he tide has turned in the debate between those who seek to maintain equality and those who would benefit from the creation of a toll road on the Internet super highway."

Consumer groups and media activists also touted the bill's return as a positive step.

Ben Scott, policy director of the Free Press media watchdog group, said that "[t]he American public has an overwhelming interest in seeing this bill pass into law, ensuring that the online marketplace of ideas remains open and vibrant."

One Small Step

The bill's reintroduction comes on the heels of the approval of the AT&T-BellSouth corporate merger, which creates the world's largest telecommunications company.

The merger had been held up for weeks until AT&T offered concrete -- though temporary -- promises to protect net neutrality as part of a concession package. The merger was then swiftly approved on Dec. 30, 2006.

Some observers claimed that AT&T's deliberately vague choice of language would enable it to sidestep the rules, while others, such as Columbia University professor Tim Wu, argued that the exceptions would only apply to AT&T's private network services, while the company's basic consumer Internet service would be protected by net neutrality principles.

Members of the House of Representatives have also discussed net neutrality legislation, with both Democrats and Republicans agreeing that the new Congress would be much more favorable to action on the issue.

Rep. Rick Boucher (D-VA) told National Journal that "[t]he broadband providers need to have this issue resolved. It's not going to go away…Nothing is going to pass unless this net neutrality issue is passed."

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