Republicans Plan Net Neutrality Bill to Counter FCC Action

Sen. John Thune, R-S.D., and Rep. Fred Upton, R-Mich., plan to introduce legislation that they say will offer net neutrality protections such as prohibiting broadband providers from blocking and throttling content, or charging for premium delivery to consumers.

"We need unambiguous rules of the road that protect Internet users and can help spur job creation and economic growth," wrote Thune and Upton in a Reuters op-ed. "The rules we propose would prohibit blocking and throttling (the selective slowing of data), and also ensure that Internet service providers could not charge a premium to prioritize content delivery."

The legislation would be a counter to FCC action on net neutrality. FCC chairman Tom Wheeler has hinted that they are moving toward rules that would reclassify the Internet as a Title II telecommunications service, a regulatory maneuver that is opposed by major Internet providers and many congressional Republicans. But the rationale behind it is that it would give the FCC a firmer legal footing in which to impose robust rules.

The FCC is scheduled to vote on Feb. 26, with proposed new rules circulated earlier in the month.

"Using Title II could result in billions of dollars in higher government fees and taxes on consumers' monthly broadband bills, according to a Progressive Policy Institute report," Thune and Upton wrote. "It also could extend new regulations to areas like mobile broadband without recognizing the unique challenges that mobile carriers face.

"One near-certainty is that this approach will perpetuate years of litigation and even more uncertainty for consumers and job creators."

While advocates of robust rules of the road for the Internet also favor a ban on paid prioritization, blocking and throttling, they will be looking at the details of any legislation to see if there are any loopholes and whether it covers both wired and wireless Internet service.

Thune, chairman of the Senate Commerce Committee, and Upton, chairman of the House Energy & Commerce Committee, said that they plan in the coming days "to pursue a public process to draft and enact bipartisan legislation that would protect the open Internet."

The House Subcommittee on Communications and Technology has scheduled a Jan. 21 hearing on net neutrality.