Commentary

FCC Chairman To Propose Banning Paid Fast Lanes Online

Federal Communications Commission Chairman Tom Wheeler intends to recommend that the agency reclassify broadband as a utility, according to a report in today's New York Times.

That move would allow the FCC to impose the kinds of net neutrality rules that would prohibit providers from charging companies higher fees for faster delivery of their material.

News of Wheeler's position marks a significant victory for net neutrality advocates, who have long urged the FCC to treat broadband as a telecommunications service.

“The FCC appears to be moving toward achieving one of the most important victories for the public interest in its history,” Free Press President and CEO Craig Aaron said in a statement issued this afternoon. “U.S. policy should always protect every individual's ability to access open communications pathways,” he states, adding that reclassifying broadband “would ensure that everyone has the ability to communicate freely online.”

The development marks a turnaround from last year, when Wheeler proposed a set of rules that were seen as offering only “weak” net neutrality protections. Those regulations would have banned providers from blocking or degrading traffic, but allowed them to charge companies higher fees for faster service.

Net neutrality advocates -- including consumer groups, Netflix and other Web companies, and various trade associations -- campaigned hard against that proposal. They argued that allowing paid fast lanes could disadvantage small companies, nonprofits and other groups that couldn't afford to pay for priority delivery.

That earlier proposal drew a record-breaking 4 million comments to the FCC, with many commenters voicing opposition to the plan. Last November, President Obama officially weighed in against the original plan and urged the FCC to reclassify broadband as a utility.

Since then, perhaps sensing a shift in momentum, Republicans in Congress unveiled compromise legislation that would ban paid fast lanes, but would prohibit the FCC from treating providers as utility companies. That bill also would limit the FCC's power to regulate broadband service.

But even if Congress passes that measure, it seems extremely unlikely that Obama would sign it, given that he specifically endorsed the idea that broadband should be regulated as a utility service.

Meanwhile, some Internet service providers already vowed to sue the FCC if it declares broadband a utility. If they follow through on the threat, the matter could linger in court for several years before there is a decision about whether the new rules are legitimate.

Still, as of today it looks very much like the FCC intends to move forward with the kind of open Internet rules that, according to advocates, will go a long way toward protecting Web companies' ability to reach consumers.

The FCC is expected to vote on the new regulations on Feb. 26.

1 comment about " FCC Chairman To Propose Banning Paid Fast Lanes Online".
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  1. Leonard Zachary from T___n__, February 3, 2015 at 1:15 p.m.

    On the back end the FCC is ignoring broadband growth is subsidizing retransmission fee growth which feeds the payTV bundle.

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