FCC Advances New Broadband Rules Proposed Rules Would Allow Paid Deals Between Broadband Providers, Content Companies
The Federal Communications Commission advanced new Internet rules that would ban broadband providers from blocking or slowing down websites, but allow them to strike deals with content companies for preferential treatment.
The commission voted 3-2 along party lines to advance the proposal, the creation of Chairman Tom Wheeler, which also invites input from all parties on a host of issues, including whether broadband should be reclassified as a public utility, which would subject it to far greater regulation.
Democratic commissioners Jessica Rosenworcel and Mignon Clyburn joined Mr. Wheeler in voting to advance the notice of proposed rule-making, which will now be open to public comment for 60 days, followed by another 60 days for replies.
Mr. Wheeler emphasized his view that the rules are the fastest way to ensure that the Internet remains open and also address legal issues raised by courts that have struck down two past FCC attempts to write the regulations.
"There is one Internet. It must be fast, it must be robust, and it must be open," he said. "The prospect of a gatekeeper choosing winners and losers on the Internet is unacceptable."
Reclassifying broadband is the route preferred by many advocates of net neutrality, the concept that all Internet traffic should be treated equally. Net neutrality proponents are unlikely to be satisfied with Mr. Wheeler's approach, and will do their best in the coming months to convince him to ban broadband providers from charging tolls for their fastest lanes.
The commission voted in front of a packed meeting room, including four protesters who were carried out by security after loudly interrupting the meeting to advocate for reclassification. Ms. Rosenworcel voted to advance the proposal, but noted her opinion can still change and that she wasn't happy with the rush to vote.
"So I support network neutrality, but believe the process that got us to that point is flawed," she said.
Mr. Wheeler's hope is to complete a set of rules for a vote by the end of the year. Mr. Wheeler has indicated that he is still open to changing his plan, especially if the public backlash against it continues.
Republicans and the broadband providers have promised to wage a fierce war against broadband reclassification all summer. The broadband providers have signaled that they can live with Mr. Wheeler's approach as drafted, while congressional Republicans are firmly against any net neutrality rules.
Republican Commissioner Michael O'Rielly said reclassifying broadband would be a serious mistake and argued that paid prioritization deals are inevitable and shouldn't be banned.
"Prioritization is not a bad word. It is a necessary component of reasonable network management," Mr. O'Rielly said.
Democrats are largely in favor of net neutrality but still divided on the best approach, with a few favoring reclassification and others still on the fence. Mr. Wheeler's approach also has found favor with some Democrats who worry reclassification would kill investment in broadband deployment.
Observers expect unprecedented engagement during the comment period, but it remains to be seen how much the final proposal shifts from what Mr. Wheeler has already proposed. While Ms. Rosenworcel supported the proposal, she will be watched closely throughout the process.
Mr. Wheeler's proposal assumes a strong FCC would aggressively police deals between providers and content companies, but it has drawn a great deal of pushback from advocates of pure net neutrality, some of whom showed up at the beginning of Thursday's meeting and were escorted out of the building by security guards.