Administration, GOP May Collide Over Net Neutrality

While the lame-duck Congress grapples with some unfinished business, the Federal Communications Commission may be preparing a major push to implement Net neutrality policies before the end of the year.

Various media reports late last week suggested the FCC is readying an announcement this week that it will impose rules to prevent Internet service providers from favoring one provider's content over another. The Financial Times reports that industry executives fully expect the new regulations before the new Congress is seated.

That has set off some Congressional Republicans, who are generally opposed to the Net neutrality concept. They appealed last week to the White House to wait until next year to address the issue.

Equal footing

Net neutrality refers to the principle that Internet content providers should have equal access to the Internet should suffer no restrictions on content, sites or platforms that may be attached. Network operators, such as AT&T, have objected to that principle, saying they have borne the cost of building and maintaining the network and should be allowed to control the amount of traffic traveling through it.

In April a three-judge panel of the U.S. Court of Appeals in Washington, DC ruled the FCC lacks the authority to impose Net neutrality regulations on Internet providers and operators of broadband networks.

The unanimous finding overturned the FCC's cease and desist order against Comcast, which had imposed measures to slow traffic to what it considered heavy users. The Court said the FCC, in issuing the order, failed to cite any specific law passed by Congress. In effect, the judges found that the federal agency could not impose restraints on Internet providers without the backing of Congress.

No Congressional action

With Republicans controlling the House in 2011, it may be unlikely that Congress will provide that backing. In fact, with Democrats controlling the White House and Congress for nearly two years, Net neutrality legislation hasn't gotten very far. President Obama has consistently supported Net neutrality and his choice of Julius Genachowski to head the FCC was seen as an additional statement of support, since Genachowski was known to be a strong proponent of the concept.

Before the November elections changed the political landscape in Washington, lawmakers were proceeding on a Net neutrality bill authored by Rep. Henry Waxman (D-CA).  That bill managed to gain the support of some of the industry's major players, but Republicans remained opposed.

Hoping to head off a unilateral move by the FCC, 18 Republican members of Congress have fired off a letter to Genachowski, asking him not to impose Net neutrality rules.