House Preparing New Net Neutrality Legislation, It Appears

With the caveat that introducing a bill in the U.S. Congress is not a guarantee it will be considered, House Energy and Commerce Chairman Henry Waxman (D-Calif.) apparently is preparing to introduce new legislation creating a framework for network neutrality that, in its present form, seems to be far less onerous than rules the Federal Communications Commission has been attempting to put into place.

The draft also would prohibit the FCC from imposing regulations on broadband Internet access service or any component of the service under Title II of the Communications Act, except when a broadband Internet access provider prefers to do so.

The rules would apply to all consumer broadband connections, wired and wireless.

The short draft, which of course always could be amended into something quite different, should it advance, basically codifies the existing "Internet freedoms" rules the FCC has bee using, without apparently adding language that prohibits application of quality-of-service features to consumer broadband access.

The rules would prohibit service providers from blocking lawful content, applications, or services, or prohibit the use of non-harmful devices, subject to reasonable network management. Service providers do not object to those rules.

The draft also would prohibit "unjustly or unreasonably" discriminating against lawful traffic over a consumer’s wireline broadband Internet access service. Depending on later elaboration and interpretation, this likely would not be objectionable to service providers, either.

The draft language also would allow reasonable network management practices, specifically saying that such practices  "shall not be construed to be unjustly or unreasonably discriminatory."

The language also specifically makes clear that it addresses consumer broadband connections, not all broadband connections, an important distinction as one would not want any new rules to apply to business services.

The draft language so far does not elaborate on whether enhanced services or other quality of service features are permissible. The language so far focuses on "minimum" standards of behavior, but does not specifically address whether consumers have the right to buy services that offer expedited or quality-assured delivery.

read the bill here