A Bill to Ban Internet 'Fast Lanes' Won't Pass. But Here's Why It Still Matters.

[Commentary] A Democratic bill to ban "fast lanes" on the Internet isn't going to become law. Republicans have long opposed network neutrality regulations, and as long as they control the House, they'll block legislation that would restrict the business choices of Internet service providers.

But the Online Competition and Consumer Choice Act, introduced by Sen Patrick Leahy (D-VT) and Rep Doris Matsui (D-CA), isn't really about changing the law. It's about sending a message to the Federal Communications Commission.

"We put forth the bill to put increased pressure on the FCC to ban paid-prioritization agreements," an aide to a bill supporter explained. FCC Chairman Tom Wheeler expected to take criticism from Republicans, who are skeptical of the government telling broadband providers how to manage their networks. But the growing opposition to his proposal from Democrats could leave the FCC chief in a tenuous political position. Even the White House has offered little support, noting that the FCC is an "independent agency."

Chairman Wheeler needs the votes of both Democrats on the five-member commission to enact his proposed regulations. But those commissioners, Jessica Rosenworcel and Mignon Clyburn, might not be eager to help the chairman if he's all alone on the issue.

The Online Competition and Consumer Choice Act, which also has the support of Sen Al Franken and Reps Henry Waxman (D-CA) and Anna Eshoo (D-CA), would instruct the FCC to enact rules banning paid prioritization within 90 days of the bill becoming law. The bill would also call for rules banning Internet providers from favoring content they own or are affiliated with.