Congress begins debate on net neutrality amid hardened positions. But it's hard to see how the logjam over Title II regulation gets broken
Representative Mike Doyle, a Democrat from Pennsylvania, center, speaks Senate Minority Leader Chuck Schumer, a Democrat from New York, left, and U.S. House Speaker Nancy Pelosi, a Democrat from California, listen during a news conference in Washington, D.C., U.S., on Wednesday, March 6, 2019. Democratic lawmakers are moving a bill to restore Obama-era net neutrality rules, amid Republican skepticism.
That bill, authored by Pennsylvania Democrat Mike Doyle and co-sponsored by more than 100 other members, would restore the Federal Communications Commission's 2015 Open Internet Order as the law of the land. That regulation barred internet service providers from blocking and slowing the transmission of content on their networks, and prohibited ISPs from collecting fees in paid prioritization deals to provide speedy transmission of certain content or applications.
However, the fact is that strong net neutrality rules are -- and have been for years -- a highly partisan issue. The latest iteration of the debate has backers of Doyle's bill looking to reclassify broadband service under Title II -- the so-called common carrier provision of the 1934 Communications Act. That's what former FCC Chairman Tom Wheeler did with the Open Internet Order in 2015, and what Pai undid in 2017.
Now, Doyle's bill would restore broadband as a Title II service and revive the prohibitions on blocking, throttling and paid prioritization. But it would also enshrine in law the kind of forbearance that Wheeler had pledged, expressly prohibiting the FCC from setting rates and engaging in all manner of other regulatory activities that the ISP camp worried about under Title II.
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