S 74 Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011

On January 25, 2011, Sen Maria Cantwell (D-WA) and Sen Al Franken (D-MN) introduced the Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 (S 74), a bill to "preserve the free and open nature of the Internet, expand the benefits of broadband, and promote universally available and affordable broadband service."

The bill 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.

Read the bill