Cantwell: Net Neutrality Essential to Promoting Innovation and Protecting Businesses and Consumers

Sen Maria Cantwell (D-WA) introduced the Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 to ensure the broadband Internet continues to serve as a source of innovation, free speech, and job growth. Though Cantwell believes that the Federal Communications Commission’s (FCC) acted within its authority to issue its own network neutrality rules last December, she stated at the time that they were not strong enough to ensure the Internet remains a source of innovation and economic growth. Sen Al Franken (D-MN) is an original cosponsor of the Internet Freedom, Broadband Promotion, and Consumer Protection Act.

The Internet Freedom, Broadband Promotion, and Consumer Protection Act creates a new section in Title II of the Communications Act by codifying the six net neutrality principles in the FCC’s November 2009 Notice of Proposed Rule Making for preserving the open Internet. Additionally, the legislation prohibits broadband operators from requiring content, service, or application providers from paying for prioritized delivery of their Internet Protocol (IP) packets, also known as pay-for priority. The bill also calls for broadband providers to work with local, middle-mile providers on fair and reasonable terms and network management conditions. All of these obligations apply to all broadband Internet platforms, both wireline and wireless.

Cantwell’s legislation also takes several steps to promote the adoption of broadband, such as requiring broadband providers to provide service to an end user upon reasonable request and requiring broadband providers to offer standalone broadband Internet access at reasonable rates, terms, and conditions. The bill also tells the FCC that if it extends the Universal Service Fund (USF) to include broadband access, only those broadband providers offering standalone broadband Internet access service will be able to participate in the new broadband fund. This legislation further increases consumer protection by requiring all charges, practices, classifications, and regulations related to broadband Internet access service meet a public interest “just and reasonable” standard.

Currently, broadband Internet access falls under Title I of the Communications Act, making it unclear what protections consumers have. Cantwell’s legislation allows broadband service users who believe their broadband provider has violated their net neutrality obligations to file a complaint at either the FCC or a U.S. District Court (but not both). Additionally, State Attorneys General can file on behalf of its residents and seek either to enforce the act or to seek civil penalties.