Comcast and other industry leaders see an opening with a new Republican Congress to avoid strict net neutrality rules, and the Republican Congress is
happy to oblige them, ready to introduce legislation to pre-empt the FCC's likely action to reclassify broadband.
The industry-backed proposal would preempt efforts by the Federal Communications Commission to draw up new rules for Internet providers. While key details of the proposed bill are still being hammered out, the legislation would attempt to end a debate over the FCC's power to regulate net neutrality, or the idea that broadband companies should treat all Internet traffic equally, said the people familiar with the plan who declined to be named because the talks were private.
The industry officials said they are discussing details of the proposal with several Republican lawmakers, whom they declined to name. The officials also said the proposal is being backed by several large telecommunications companies, which they also declined to name.
The idea would be to create a new provision in the Communications Act called "Title X" that would be specific to broadband, and would give the FCC the "authority to prevent broadband companies from blocking or slowing traffic to websites, or charging content companies such as Netflix for faster access to their subscribers—a tactic known as 'paid prioritization.'" This new provision would prevent the FCC from protecting net neutrality by using Title II of the Communications Act, the reclassification that President Obama has called for and that would cement protections. While on its surface, the industry's proposal sounds like a decent compromise, you can bet that with Comcast et al. writing it, it's not going to have much in the way of regulatory teeth.
Congressional Democrats—12 senators and 24 House members—have responded by calling on the FCC to "act without delay to finalize rules that keep the Internet free and open for business." If the FCC got off the stick and ruled as expected to reclassify broadband, the industry's effort would be thwarted. It's unlikely if the FCC had already ruled that there would be enough momentum to pass this watered down legislation.
Which makes our job unchanged: Call the FCC and tell them to act. We can win this fight to save the internet. Please commit to making a call every day until FCC Chairman Wheeler makes his decision to preserve net neutrality.