Net neutrality may not be going anywhere at the Federal level-at least not this year-but it is making great strides at the state level. And guess who is pro net neutrality? Yep, that’s right, the phone companies…the phone companies?
Believe it or not, telecom companies have successfully pushed for net neutrality resolutions at two different organizations of state legislators. At both the American Legislative Exchange Council (ALEC) and the National Conference of State Legislators (NCSL), net neutrality resolutions were recently passed at their behest.
It’s a brilliant tactic – a co-opt strategy. The phone companies know they have to play the net neutrality game – so they are firing first and dictating the flow of the debate. They have encouraged state legislators to support a resolution that says if Congress were to act at all, then it should implements principles known as the "four freedoms." But here’s the tricky part. There are two sets of "four freedoms" – one from former FCC Chairman Michael Powell and one actually adopted by the FCC – that are similar but differ in one important regard.
But let’s get back to what’s going on at the state level.The phone companies are pushing resolutions that contain Powell’s four freedoms. For instance, the resolution that passed at ALEC contains these prinicples:
Consumers should:
(1) be permitted to attach any devices they choose to their broadband connection at the consumer’s premise, so long as they operate within the bandwidth limits and quality of service of their service plans and do not harm the provider’s network or enable theft of services;
(2) have access to their choice of legal Internet content within the bandwidth limits and quality of service of their service plan;
(3) run applications of their choice, within the bandwidth limits and quality of service of their service plans, as long as they do not harm the provider’s network; and
(4) receive meaningful information regarding their broadband service plans.
While the first three are the same as the FCC’s Broadband Policy Statement of September 23, 2005, (the principles that the House Telecom bill had implemented in its bill). But check out how #4 differs from the principle below from the FCC policy statement:
(4) consumers are entitled to competition among network providers, application and service providers, and content providers.
Receiving meaningful information is nothing near the principle that entitles consumers to competition. This critical freedom was neglected in the ALEC and NCSL resolutions. Is this a ploy from the telephone companies? So are we being set up for a battle of the freedoms? Perhaps.
If Congress doesn’t act we may see net neutrality action at the state level, most likely in the form of consumer protection legislation. And as these resolutions illustrate, the phone companies will use their savvy lobbying power to make the most of the situation–to their advantage.