• by Wendy Davis  @wendyndavis, January 6, 2011

In response to the Federal Communications Commission's recent 3-2 vote to enact neutrality rules, Rep. Marsha Blackburn (R-Tenn.) this week reintroduced a bill that would strip the FCC of authority to regulate the Internet.

Blackburn says on her Web site that she introduced the Internet Freedom Act in order to repeal the FCC's Dec. 21 neutrality order, which bans all broadband providers from blocking content and prohibits wireline providers from engaging in unreasonable discrimination. Her measure -- which has garnered support from 60 other Congress members -- would ban the FCC from issuing "any regulations regarding the Internet or IP-enabled services."

But the bill's current, broad language casts doubt on whether it conflicts with other, existing laws -- including the Telecommunications Act of 1996. Section 706 of that law requires the FCC to "take actions that encourage the deployment of 'advanced telecommunications capability," including broadband Internet access.

The FCC could find it impossible to fulfill that mandate without also issuing regulations regarding the Internet -- activity banned by Blackburn's bill. For that reason, Blackburn's bill "would very much contradict and run afoul of the 1996 Telecommunications Act -- particularly Section 706," says Joel Kelsey, political advisor at Free Press.

In addition, Blackburn's bill, if enacted, could cast doubt on the FCC's rules regarding the use of radio spectrum for wireless broadband -- or WiFi on steroids -- even though the FCC remains in charge of licensing that spectrum.

Blackburn's measure also contains language saying it wouldn't have any impact on regulations in effect as of the date of enactment. But -- unless blocked separately by Congress -- the FCC's Dec. 21 order will go into effect 60 days after publication in the Federal Register, which is expected to happen relatively quickly. The result is that Blackburn's bill wouldn't actually repeal the FCC's order unless the measure is passed by the House and Senate and then signed by the president before the neutrality rules go into effect.