Net Neutrality Spin Wars Ramp Up
With the collapse of efforts to forge a House network neutrality bill Wednesday and Congress in recess until after the election, stakeholders are working hard to spin the outcome in terms that favor their position. The legislation at hand would have codified some principles aiming to protect the openness of the Internet.
Much of the rhetorical battle will come down to interpretation of the House Energy and Commerce Chairman Henry Waxman's statement conceding his inability to gain bipartisan support for the measure and thus, move forward.
In his release, Waxman noted that he would continue to push for a bill during a lame-duck session but also called on the FCC to move forward with reclassifying broadband under Title II of the Communications Act, a more stringent regulatory regime, if lawmakers' fail to take action.
FCC Chairman Julius Genachowski proposed reclassification last spring after a court ruling cast doubt on the commission's authority over broadband. Despite Genachowski's word that broadband would be spared the more onerous provisions of Title II, such as price controls, industry and many members of Congress have come out in fierce opposition to his idea.
Groups in favor of giving the FCC greater regulatory authority over broadband are running with Waxman's statement as a mandate for the commission to reclassify while organizations on the other side of the issue say Congress must lead the way and a legislative compromise is still possible.
"We are in full agreement with Chairman Waxman that the FCC must act now to protect consumers by reinstating its authority over broadband," GiGi B. Sohn, president of Public Knowledge, said in a statement.
"While bipartisan efforts to set rules of the road were unsuccessful, the FCC still has the power to break the grid-lock on net neutrality," said Amalia Deloney, policy director at the Center for Media Justice. "We hope Waxman follows through on the words of his office, 'The bottom line is that we must protect the open Internet.'"
CMJ describes itself as a coalition of out-the-Beltway community organizations that fight for the rights for small businesses, minorities and low-income Americans.
Opponents of reclassification, meanwhile, have promoted the possibility of a legislative solution.
"This agreement [Waxman's bill] demonstrates that when all parties act in good faith, and resist extreme voices, it is indeed possible to find a reasonable middle ground on the net neutrality issue," Jim Cicconi, head of external and legislative affairs at AT&T, said. "We remain convinced that the proper course is for Congress to decide the scope of authority it wishes the FCC to have in this area."
The Internet Innovation Alliance echoed that sentiment.
"The Waxman bill shows that a compromise to create jobs, preserve investment and protect consumers is a realistic goal," IIA co-chairman David Sutphen said. "Forging ahead with Title II reclassification is an unnecessary answer to a complex debate that has been unfolding for months."
For the imminent future, all eyes will be on the FCC now to see whether the agency will act on broadband regulation.
According to Sascha Meinrath, director of the Open Technology Initiative at the New America Foundation, the FCC may not act unless the White House comes out with strong public support for it. "In many ways that becomes the linchpin," Meinrath said.
When asked if the administration will support reclassification in the wake of the House's failed efforts, the White House issued a statement, saying, "The leadership of Chairman Waxman in bringing a range of parties together in support of an agreement shows that it is possible to forge a productive path forward on this issue."
"The administration strongly wants to see this issue addressed effectively," the White House said while affirming President Obama's support for preserving an open Internet.
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