Two Democrats made a proposal Tuesday that would require the Federal Communications Commission to ban paid prioritization, a term used to describe potential deals between internet service providers and large content producers to pay for preferential access to network channels. The bill is the latest development in the ongoing net neutrality controversy.
The bill was proposed by Senate Judiciary Committee chair Patrick Leahy and Rep. Doris Matsui. While it doesn't extend the authority of the FCC in dealing with internet service providers, it does force the commission to use the powers it already has to prevent ISPs from putting certain websites and services into a so-called internet fast lane.
The FCC has been asking the public for input on its proposed net neutrality rules, which currently would allow paid prioritization so long as they are not deemed commercially unreasonable. At the moment public opinion seems vastly in favor of net neutrality and against paid prioritization.
"Americans are speaking loud and clear," Leahy told The Washington Post. "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."
In Congress, however, representatives are dividing along party lines. With a Democratic majority in the Senate and a Republican majority in the House of Representatives, bills on either side have found it difficult to pass. Currently only Democrats support the proposal, and that seems unlikely to change anytime soon, with Republicans proposing a bill of their own that would stop the FCC from reclassifying ISPs as common carriers.
Reclassifying service providers is within the FCC's authority. A 2005 Supreme Court case attempting to reverse the FCC's classification of ISPs as information services rather than common carriers found that the Commission has discretion to determine the classification of any service so long as that act is not in conflict with a statute that is determined to be "unambiguous." Although classifying ISPs as common carriers would give the FCC much more authority to regulate and control them, officials have been reluctant to do so. The move would draw ire from both the Republican party and service providers, and would likely prompt a lawsuit.
Tom Wheeler, chairman of the FCC, said that he is willing to pursue reclassification, but only if the net neutrality proposals the commission is currently working on fail to adequately protect consumers.
