As the telecom reform legislative process kicks into overdrive (the Barton bill markup starts today in the House Commerce Committee, a crucial, probably days-long event which I will be able to monitor only sporadically over the next week due to travel), the proposals, counter-proposals, amendments and deal-cutting are coming fast and furiously. On the Senate side, Senator Olympia Snowe (R-ME) and Senator Byron Dorgan (D-ND), both members of the Senate Commerce Committee, have circulated a draft net neutrality bill called The Internet Neutrality Act.
The bill establishes a national policy of broadband non-discrimination to preserve the open nature of the Internet. The bill contains a series of requirements for broadband providers, such as the the obligation of network providers to not block or impair users’ Internet access.
Beyond that the bill also has the following network neutrality provisions that require a broadband service provider:
(4) to provide on a reasonable and nondiscriminatory basis the ability to offer, provide or post content, applications, or services into the operator’s network in a manner that is at least equal to the speed and quality of service that the broadband network operator offers to affiliated content, applications, or services, and not to impose a charge on the basis of such content, applications, or services;
(5) to prioritize content, applications, or services within the operator’s networks based only on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization;
(6) to make available the same bandwidth the operator uses to provide affiliated content, applications, or services in a way that permits a user to access and enjoy similar content, applications, or services offered by other persons; and
(7) not to install or utilize network features, functions, or capabilities that impede or hinder compliance with this section.
The bill also features a detailed section that directs the FCC to come up with rules implementing the legislation’s directives, specifying that the Commission come up with complaint and enforcement procedures, and directing the FCC to issue decisions on complaints within 90 days. Moreover, after receiving an complaint with prima facie evidence of a violation of the above obligations, the FCC is required to issue a cease and desist order against the offending broadband provider.
Cynthia Brumfield at 5:10 PM|Comments(1)
Why is it that we need legislation to tell ISPs to do what they've done for years, and what they'll continue to do (unless they want to lose millions of dollars and millions of customers to other ISPs that play by the rules)? We should probably wait for a problem to develop before we attempt to legislate it.
Posted by: Paulaner01 at April 5, 2006 7:42 PM
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