Net Neutrality Bill Would Gut FCC Power

Written by FrumForum News on Tuesday September 28, 2010

Tech Daily Dose reports:

The FCC will not have rulemaking authority under a network neutrality bill that key House Democrats plan to introduce soon, according to a recent draft obtained by Tech Daily Dose.

Instead, the commission will deal with enforcement on a case-by-case basis. Broadband providers who violate the law will face a maximum penalty of $2 million by the FCC, under the bill.

The absence of the rulemaking authority, along with other provisions of the bill, is consistent with information reported by Tech Daily Dose last week.

The bill is a last-minute effort by House Energy and Commerce Chairman Henry Waxman to shepherd net neutrality legislation through the lower chamber before recess. Waxman hopes to advance the measure through the Senate during the lame-duck session after the November elections, according to an industry source.

Under the proposed legislation, the FCC would be prohibited from reclassifying broadband under Title II of the Communications Act, a change FCC Chairman Julius Genachowski has proposed in order to allow the government to impose rules designed to preserve the Internet's openness. Although he has sought to protect broadband from more onerous regulatory requirements under Title II, such as price regulation, the industry regards the reclassification approach as the "nuclear option."

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Category: The Feed