Net Neutrality Via Congress Dead For Now

Net neutrality took a bit of a hit yesterday when Congressman Henry Waxman  (D-CA) issued a statement stating that his compromise version of net neutrality legislation would not be going forward.  He cited a lack of Republican support for the measure as the reason.  AT&T had supported the legislation as it included a provision that would have prohibited the FCC from reclassifying broadband services as transport services.  The Commission is currently considering that option as a way to regulate carrier access and management policies.  Waxman's legislation also included provisions that would have prevented carriers from discriminating against different types of "lawful" Internet traffic, and would have imposed some non-discrimination rules on wireless Internet.  The Google-Verizon principles would keep regulation from wireless broadband.

With legislation dead, many are waiting for the FCC to impose its version of net neutrality principles on carriers.  The only problem with that approach is that the Commission will likely be sued over the action.  The FCC lost two high profile cases recently.  One struck down the indecency ban for fleeting expletives, and the other said it didn't have the power to fine Comcast for limiting peer-to-peer traffic on its network. 

If the FCC does act and the courts strike down the reclassification of broadband to something it can regulate, don't expect Congress to step in to fix the decision.  Congress did not act when the Comcast decision was handed down.  With the coming election and pundit predictions that the Democratic control of the House will weaken or be eliminated, there will be even less chance the next Congress will enact net neutrality legislation.  [MG]