Markey to introduce Net Neutrality bill

[Peter Loge]

As reported on this board and elsewhere, House Telecomm Chairman Ed Markey (D - Mass) has been looking for Republican cosponsors for a network neutrality bill -- he apparently has them and the bill will be introduced with US Rep Charles "Chip" Pickering (R -Miss).

Story from Congress Daily below.

Markey, Pickering To Submit Net Neutrality Bill This Week
Rep. Charles (Chip) Pickering, R-Miss., will co-sponsor network neutrality legislation spearheaded by House Energy and Commerce Telecommunications and the Internet Subcommittee Chairman Edward Markey, D-Mass., that seeks to prevent cable and telecom providers of high-speed Internet service from blocking or degrading content.
The measure is expected to be introduced this week, with some sources predicting it could be submitted today. Early drafts called for nationwide field hearings, the codification of voluntary FCC guidelines and a study examining the role that Congress and the FCC should play in promoting an open Internet.
Markey's office did not respond to a request for comment.
The bill will be strongly opposed by companies such as AT&T, Comcast, Time Warner and Verizon Communications. "We still don't see the need for congressional action," Verizon lobbyist Tom Tauke told reporters Monday. "Our concern is that putting rigid regulations into place to govern a very fast-moving sector doesn't make a lot of sense."

[Greg Strangis]

So much for Congressional gridlock during an election cycle.

I find this phrase particularly interesting:


...and a study examining the role that Congress and the FCC should play in promoting an open Internet.

It isn't an "open Internet" if Congress and the FCC play their usual roles.

This is an abuse of the English language.

The mind boggles.

[Peter Loge]

Please do not mistake the introduction of legislation for Congressional action.

THis will help keep the conversation going and keep the pressure on - but there is unlikley to be action this year.

One positive effect of this legislation (and the larger coverage of the issue) is that the internet service providers are unlikley to do anything that looks like it would violate net neutrality. The existence of legislation may help prevent the need for it.

[Greg Strangis]

Please do not mistake the introduction of legislation for Congressional action.I will always try to remember this.


THis will help keep the conversation going and keep the pressure on - but there is unlikley to be action this year.
Excellent news.
One positive effect of this legislation (and the larger coverage of the issue) is that the internet service providers are unlikley to do anything that looks like it would violate net neutrality. The existence of legislation may help prevent the need for it.This would be a fabulous resolution.

[Peter Loge]

The FCC is headed to Harvard on Feb. 26 for an open public hearing on networks. One topic to be covered will be net neutrality.

Coverage is here among other places -

http://www.variety.com/article/VR1117980805.html?categoryid=18&cs=1

[Peter Loge]

A copy of the Markey net neutrality bill is here -
http://markey.house.gov/docs/telecomm/hr5353.pdf

It's HR 5353, but since it was introduced only yesterday it isn't yet online elsewhere. Within a couple days you ought to be able to go to thomas.loc.gov (no www) and enter HR5353 to get the status, list of cosponsors, etc.

[David Metzler]

Here's a WSJ article on the issue; it mentions a public hearing the FCC may hold in Boston at the end of the month:

http://online.wsj.com/public/article/SB120286741569864053-Zyn8cU5GnnEUwLB3ICNhWZPETr8_20090212.html?mod=rss_ free

[Peter Loge]

The Journal article refers to the event at Harvard (two posts up).

In my experience these sessions are great opportunities for everyone to say "see, I told you so." Chairman Martin is pretty clearly not influenced by anything the public or Congress thinks, Commissioners Copps and Adelstein are staunch net neutrality supporters, Commissioner McDowell comes from a telco background so will look there for guidance (his previous job was lobbying for COMPTEL) and Commissioner Tate is a former state regulator. They can be influenced, but probably not by that crowd in that venue.

Massachusetts is represented by net neutrality supporters (most notably House Telecomm Subcommittee Chairman Ed Markey and Senate Commerce Committee member John Kerry).

[Peter Loge]

The public meeting at Harvard has been moved up a day, to February 25th.

[Peter Loge]

A quick update on the Markey net neutrality bill from Congress Daily (excerpted below)

Near the bottom of the piece is this critical nugget:
"Even if the bill fizzles, its introduction could keep the debate alive, galvanize supporters and set the stage for a bigger legislative push next year, sources said. "Everything in 2008 is about 2009," [Free Press policy director Ben] Scott said."

Markey Changes Approach In Bid To Require Net Neutrality
House Energy and Commerce Telecommunications and the Internet Subcommittee Chairman Edward Markey, D-Mass., learned the hard way in 2006 that network neutrality legislation -- designed to prevent communications giants from potentially acting as content gatekeepers -- will not easily pass Congress. He failed three times to amend telecom legislation with language that would have required strict safeguards. Republicans, who were almost unanimously opposed, were bolstered by dozens of Democrats who broke ranks. Now, Markey has teamed with Rep. Charles (Chip) Pickering, R-Miss., on a bill that omits provisions on enforcement and penalties for anticompetitive behavior by operators of high-speed Internet systems. While this softer approach is aimed at boosting the measure's prospects, several sources say its vague language and leeway it affords the FCC could provide a backdoor opportunity for tough restrictions if the agency falls under Democratic control in 2009. Democratic presidential hopefuls Sens. Barack Obama of Illinois and Hillary Rodham Clinton of New York support strong safeguards, as do several Internet companies, including Amazon and Google.

[Peter Loge]

Today the FCC released more details on their 2/25 hearing at Harvard Law School, cut and pasted below. An interesting array of folks.

FCC ANNOUNCES AGENDA AND WITNESSES FOR
PUBLIC EN BANC HEARING IN CAMBRIDGE, MASSACHUSETTS
ON BROADBAND NETWORK MANAGEMENT PRACTICES

The Federal Communications Commission today announced further details of its previously announced public en banc hearing in Cambridge, Massachusetts. (See announcement dated February 15, 2008).

As previously announced, the hearing date, time, and location are as follows:

Date: Monday, February 25, 2008

Time: 11:00 a.m. (Eastern Standard Time)

Location: Harvard Law School
Ames Courtroom, Austin Hall
1515 Massachusetts Avenue
Cambridge, MA 02138

Directions: http://www.law.harvard.edu/about/contact/directions.php

The Commission will hear from expert panelists regarding broadband network management practices. The hearing is open to the public, and seating will be available on a first-come, first-served basis.

There will be two panels and a technology demonstration. Additionally, there will be a technology fair.

Agenda and list of witnesses follows:
(All times EST)
11:00 a.m. Welcome/Opening Remarks

11:45 a.m. Technology Demonstration – Gilles BianRosa, Chief Executive Officer, Vuze, Inc.

12:00 p.m. Panel Discussion 1: Policy Perspectives
Marvin Ammori, General Counsel, Free Press
Yochai Benkler, Professor of Law, Harvard Law School; Faculty Co-Director, Berkman Center for Internet and Society at Harvard Law School
The Honorable Daniel E. Bosley, State Representative, Massachusetts
David L. Cohen, Executive Vice President, Comcast Corporation
The Honorable Tom Tauke, Executive Vice President – Public Affairs, Policy and Communications, Verizon Communications
Timothy Wu, Professor of Law, Columbia Law School
Christopher S. Yoo, Professor of Law and Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Law School

1:30 Lunch break

2:15 Panel Discussion 2: Technological Perspectives
Daniel Weitzner, Director, Massachusetts Institute of Technology Decentralized Information Group
Richard Bennett, Network Architect
David Clark, Senior Research Scientist, Massachusetts Institute of Technology Computer Science and Artificial Intelligence Laboratory
Eric Klinker, Chief Technology Officer, BitTorrent
David P. Reed, Adjunct Professor, Massachusetts Institute of Technology Media Lab
Scott Smyers, Senior Vice President, Network & Systems Architecture Division, Sony Electronics Inc.

3:45 p.m. Closing Remarks

4:00 p.m. Adjournment

[Peter Loge]

Some updates on the 5-hour FCC public meeting in Boston yesterday - it appears as if FCC Chairman Martin was supporting net neutrality.

From CongressDaily -
"TELECOMMUNICATIONS
Martin Says FCC May Move Against Broadband Operators
CAMBRIDGE, Mass. -- FCC Chairman Kevin Martin told a packed hearing Monday that his agency may take action to keep telecom giants from acting as gatekeepers of the Internet.
"The commission is ready, willing and able to step in if necessary," Martin said at an agency field hearing that drew about 400 people to Harvard Law School's Ames Courtroom. He seemed particularly concerned that some broadband operators are not disclosing their network management practices to customers.
It seems strange, Martin said, that consumers can pay more for a higher tier of bandwidth "and then be told that they're using too much of it."
Network management "does not mean [providers] can arbitrarily block access. ... These are very significant issues and we don't take these allegations lightly," the chairman said."

From Broacasting & Cable
http://www.broadcastingcable.com/article/CA6535234.html
"The chairman said he was concerned primarily with the effect on consumers. He added that networks can't be prevented from reasonable network management, but that should not mean arbitrary blocking of applications or services."

The Hollywood Reporter
http://www.hollywoodreporter.com/hr/content_display/news/e3i1de073ad030accab79d03bf0aaa2c0d9
"During a field hearing at Harvard University in Cambridge, Mass., Rep. Ed Markey, D-Mass., chairman of the House Telecommunications and Internet Subcommittee, urged the FCC to take a more activist stance on network neutrality."

And The Wall Street Journal
http://online.wsj.com/article/SB120396996640190827.html?mod=telecommunications_p rimary_hs
"CAMBRIDGE, Mass. -- Federal Communications Commission Chairman Kevin Martin warned cable giant Comcast Corp. yesterday that the government is "ready, willing and able" to stop companies from improperly hobbling Internet traffic. But beyond requiring more disclosure to consumers, it isn't clear what the government can do to enforce so-called net neutrality, which would ensure that Internet providers offer equal service to everyone."

[Peter Loge]

The Commissioners' statements at the meeting are below - if the links don't work directly, you should be able to cut and paste them into your browser.

STATEMENT OF CHAIRMAN KEVIN J. MARTIN AT THE FCC EN BANC HEARING ON
BROADBAND NETWORK MANAGEMENT PRACTICES. Cambridge, Massachusetts by
Statement. OCH
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280446A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280446A1.txt>

STATEMENT OF COMMISSIONER MICHAEL J. COPPS AT THE FCC EN BANC HEARING
ON BROADBAND NETWORK MANAGEMENT PRACTICES. Cambridge, Massachusetts by
Statement. CMMR
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280440A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280440A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280440A1.txt>

STATEMENT OF COMMISSIONER JONATHAN S. ADELSTEIN AT THE FCC EN BANC
HEARING ON BROADBAND NETWORK MANAGEMENT PRACTICES. Cambridge,
Massachusetts by Statement. CMMR
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280441A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280441A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280441A1.txt>

STATEMENT OF COMMISSIONER DEBORAH TAYLOR TATE AT THE FCC EN BANC
HEARING ON BROADBAND NETWORK MANAGEMENT PRACTICES. Cambridge,
Massachusetts by Statement. CMMR
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280455A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280455A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280455A1.txt>

STATEMENT OF COMMISSIONER ROBERT M. MCDOWELL AT THE FCC EN BANC HEARING
ON BROADBAND NETWORK MANAGEMENT PRACTICES. Cambridge, Massachusetts by
Statement. CMMR
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280468A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280468A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280468A1.txt>