Commentary

Lawmaker Urges FCC To Classify Broadband As Telecom Service With Open Net Protections

The ranking member of the House Energy and Commerce Committee today urged the Federal Communications Commission to reclassify broadband service as a utility and to promulgate rules that would prohibit providers from creating paid fast lanes.

“I recommend that the FCC consider reclassifying broadband Internet access service as a 'telecommunications service' under Title II and then using section 706 to adopt three open Internet protections: a 'no blocking' rule, a 'no throttling' rule, and a 'no paid prioritization' rule,” Rep. Henry Waxman (D-Calif) wrote today in a 15-page letter to FCC Chairman Tom Wheeler.

Many net neutrality advocates say the FCC should classify broadband as a “Title II” telecommunications service, which would allow the agency to impose common carrier rules on providers.

Earlier this year, Wheeler appeared to reject that approach. Instead, he proposed that the FCC craft neutrality rules under a different provision of the Telecommunications Act -- Section 706, which empowers the FCC to promote the deployment of broadband.

At the time, Wheeler proposed a plan to prohibit providers from blocking or degrading traffic, but allow them to create pay-for-play fast lanes.

That idea drew significant opposition from net neutrality advocates, who say that paid fast lanes will destroy the Internet's openness. They argue that allowing paid prioritization will disadvantage small companies, entrepreneurs, nonprofits and even consumers who want to reach an online audience.

Given the opposition, some observers think Wheeler might decide that stronger neutrality rules are needed. He himself recently told a panel of lawmakers that Title II is still under consideration.

Waxman says opponents to the Title II approach argue that its telephone-oriented provisions are “unsuited to the modern Internet.” Some critics also say that even reclassifying the Internet as a telecommunications service won't necessarily prohibit broadband providers from creating paid fast lanes.

The lawmaker says that his hybrid proposal will address the concerns of advocates, while also protecting providers from some telecom regulations that might not make sense for Internet service.

“This approach would provide the bright-line protections that advocates of Internet openness are seeking,” he writes. “At the same time, this approach would address the major concerns of the broadband providers because the main substantive provisions of Title II would not be invoked.”

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