Brodkin writes: "Republicans in Congress are continuing to push a net neutrality law that would preempt state net neutrality rules and let Internet service providers charge online services for prioritized access to Internet users."
Protestors object to FCC Chairman Ajit Pai's plan to eliminate net neutrality rules before Pai's appearance at the American Enterprise Institute in Washington, DC, on May 5, 2017. (photo: Chip Somodevilla/Getty)
08 March 18
GOP bill would outlaw blocking and throttling but give major concession to ISPs.
epublicans in Congress are continuing to push a net neutrality law that would preempt state net neutrality rules and let Internet service providers charge online services for prioritized access to Internet users.
The Open Internet Preservation Act would prohibit ISPs from blocking or throttling lawful Internet content but clear the way for paid prioritization or "fast lanes."
US Sen. John Kennedy (R-La.) declared that "some cable companies and content providers aren't going to be happy with this bill because it prohibits them from blocking and throttling Web content."
In reality, Comcast and other ISPs have generally said they won't block or throttle lawful Internet traffic. Allowing paid fast lanes would be a major concession to the broadband industry—see our previous story, "AT&T describes post-net neutrality plans for paid prioritization."
The Open Internet Preservation Act was previously introduced in the House by Rep. Marsha Blackburn (R-Tenn.). Kennedy filed the Senate version today.
The bill's summary notes that the blocking and throttling bans "do not prevent providers from offering specialized services that are offered over the same network and may share network capacity with the broadband Internet access service."
Net neutrality advocacy group Demand Progress called on Kennedy to drop the bill.
"This legislation would be disastrous for net neutrality, opening the door for large Internet providers to create fast and slow lanes online, which would destroy innovation and stifle free expression," the group said in a statement.
Current net neutrality rules outlaw blocking, throttling, and paid prioritization. But those rules are coming off the books as soon as the Federal Communications Commission can finalize its repeal.
States require net neutrality
State governments that support net neutrality, such as Washington and Oregon, have in the meantime been implementing their own rules.
ISPs brought the state-by-state approach upon themselves by lobbying for a federal net neutrality repeal. Now broadband industry lobbyists are complaining that they don't want to face "50 different regulations."
The FCC tried to prevent states from issuing their own net neutrality rules by declaring that such rules would be preempted. But states are banking on legal analysis that suggests the rules might stand up in court.
The state efforts could be undone by Congress, though. In addition to allowing paid fast lanes, the Open Internet Preservation Act would preempt state net neutrality laws.
Democrats have been pushing legislation that would keep the current FCC net neutrality rules in place, but they need more support from Republicans to get a majority.
