Bipartisan Net Neutrality Legislation Introduced

Comtex Business is reporting that a bipartisan group of U.S. House members has introduced H.R. 5417, the "Internet Freedom and Nondiscrimination Act of 2006" -- see "Sensenbrenner, Conyers Introduce Bipartisan Net Neutrality Legislation."

House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.), who introduced the legislation with Ranking Member John Conyers, Jr. (D-Mich.), is quoted as saying:

"This legislation is a necessary step to protect consumers and other Internet users from possible anti-competitive and discriminatory conduct by broadband providers. The FCC recently reported that 98 percent of American consumers get their high speed broadband from either a cable company or a DSL provider. This virtual duopoly creates an environment that is ripe for anti-competitive abuses, and for which a clear antitrust remedy is urgently needed.

"This legislation will provide an insurance policy for Internet users against being harmed by broadband network operators abusing their market power to discriminate against content and service providers. While I am not opposed to providers responsibly managing their networks and providing increased bandwidth to those consumers who wish to pay for it, I am opposed to providers giving faster, more efficient access to certain service providers at the expense of others. This legislation will ensure that this type of discriminatory behavior will not take place, and will help to continue the tradition of innovation and competition that has defined the Internet."

Today's report says that the new legislation would be an amendment to the Clayton Act, which (if I understand correctly) is a 1914 amendment to the 1890 Sherman Antitrust Act. H.R. 5417 would, the report says, require network providers to:

1) interconnect with the facilities of other network providers on a reasonable and nondiscriminatory basis;

2) operate their network in a reasonable and nondiscriminatory manner such that non-affiliated providers of content, services and applications have an equal opportunity to reach consumers; and

3) refrain from interfering with users' ability to choose the lawful content, services and applications they want to use.

AB -- 5/18/06

 

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