With much remorse, key House Democratic lawmakers announced that efforts to advance a net neutrality bill have stalled in light of GOP resistance.
"With great regret, I must report that Ranking Member [Joe Barton, R-Texas] has informed me that support for this legislation will not be forthcoming at this time," House Energy and Commerce Chairman Henry Waxman, D-Calif., said. "This legislative initiative was predicated on going forward only if we had full bipartisan support in our Committee."
House Energy and Commerce Subcommittee Chairman Rick Boucher, D-Va., echoed that sentiment.
"I am disappointed that we were unable to introduce the Open Internet Act of 2010 on a bipartisan basis," Boucher said. "The measure would have been a significant step forward for the Internet community."
Waxman's statement came shortly after Barton expressed opposition to the planned bill saying that among Republicans there is a "widespread view that there is not sufficient time" to ensure the measure "will keep the Internet open without chilling innovation and job creation."
Waxman's bill sought to codify some principles that would protect the openness of the Internet.
A draft bill leaked to the media on Monday revealed a framework that would apply nondiscrimination principles to wireline broadband but not wireless and direct the FCC to deal with enforcement on a case-by-case basis, rather than through rulemaking. Under the draft, the commission would be prohibited from reclassifying broadband as a telecommunications service under title II of the Communications Act, which would apply a more stringent regulatory regime.
"It is not appropriate to give the FCC authority to regulate the Internet," Barton said. "If Congress wants to prevent the FCC from reclassifying internet service under Title II, it should go ahead and do so without qualification."
Industry considers regulation of broadband under Title II "the nuclear option" and many lawmakers oppose it.
Waxman, on other hand, said "the FCC should move forward under Title II" if members' efforts fail to find bipartisan consensus.
Both Waxman and Boucher made it clear they will continue to push this bill during a lame-duck session.
"I remain willing to work with my colleagues on both sides of the aisle to enact it into law later this year," Boucher said. "Cooler heads may prevail after the election," Waxman added.
But chances of the net neutrality legislation clearing Congress this year remain decidedly slim.
"I think it will be almost impossible to get anything done on that." Senate Commerce Chairman John (Jay) Rockefeller, D-W.Va., told Tech Daily Dose on Wednsday.
When asked if he is willing to shepherd a net neutrality bill through a lame duck Senate session, Senate Commerce Communications Subcommittee Chairman John Kerry, D-Mass., said "oh wow" and declined to comment further on the issue.
The consumer advocacy group Public Knowledge, a stakeholder engaged with the crafting of the bill, thanked Waxman for his efforts and urged the FCC to act.
"We can wait no longer," Gigi B. Sohn, president and co-founder of Public Knowledge, said in a statement. "We expect those members of Congress who argued that it was Congress' duty to set telecommunications policy to recognize the authority of the FCC in the absence of legislation."
The Consumer Federation of America put out statement lamenting inaction on Waxman's bill saying it "would have created an important safety net to prevent the broadband Internet access landscape from being Balkanized by anti-competitive pay walls and discriminatory technology barriers that block or degrade communications."
Without a bill, though, CFA also urged the FCC to act on regulating the Internet to protect public interest.