Network Neutrality Bill Might Be More About Message Than Action

With precious little time left in the 111th Congress, House Commerce Chairman Henry Waxman's efforts to advance a network neutrality bill may be more of a messaging tool than anything else, observers say.

"A lot of legislation is introduced not because of its likelihood of enactment, but to send a message that will ricochet around the Hill and agencies," said Andrew Lipman, head of the telecommunications, media and technology group at the law firm Bingham. Against steep odds, Chairman Waxman (D-CA) has been leading an effort to shepherd a measure through Congress that would codify some principles to protect the openness of the Internet. With players from all sides of the issue agreeing that it will be very difficult, if not impossible, to move a network neutrality bill through the Senate, some say it calls into question Waxman's motives. "The Waxman endgame is to have the FCC's back here and to set forward a minimalist approach that the [commission] can move forward on," one source familiar with the situation said. Providing FCC Chairman Julius Genachowski a "graceful exit" to the broadband regulation conundrum is a priority for Chairman Waxman, a handful of insiders say.

Waxman could be "telegraphing to the FCC how a very important member of Congress would like to see this issue resolved," or setting a legislative "placeholder," Lipman noted. Other industry observers say that congressional action is needed after so many years of debate and nothing to show for it.