H.R._ the Network Neutrality Act of 2006

On May 2, Rep Ed Markey (D-MA) introduced the Network Neutrality Act of 2006, cosponsored by Rep. Rick Boucher, Rep. Anna Eshoo and Rep. Jay Inslee. Introducing the bill in the House, Rep Markey said that the bill has essentially three parts

1) an articulation of overall broadband and network neutrality goals for the country, spelling out exactly what network neutrality means and putting it into the statute so that it will possess the force of law (se a-g below);

2) reasonable exceptions to the general rules, such as to route emergency communications or offer consumer protection features, such as spam blocking technology (see h-m below); and

3) an expedited complaint process to deal with grievances and violations within thirty days.

The legislation states that a broadband network provider may not block, impair, degrade or discriminate against the ability of any person to use a broadband connection to access the content, applications, and services available on broadband networks, including the Internet. It ensures that broadband network providers operate their networks in a non-discriminatory manner. The bill also ensures that consumers can attach any device to the broadband operator’s network, such as an Internet phone, or wi-fi router, or settop box, or any other innovative gadget invented in the coming years. Moreover, in order to prevent the warping of the World Wide Web into a system of "tiered service," the legislation will prevent broadband providers from charging new bottleneck fees for enhanced quality of service or the prioritization of bits.

Finally, if a broadband provider chooses to prioritize data of any type, it requires that it do so for all data of that type and not charge a fee for such prioritization. For instance, if a broadband provider wants to prioritize the transmission of bits representing a VOIP phone call for its own VOIP service, it must do so for all VOIP services so as not to put its competitors at an arbitrary disadvantage.

Under this legislation, it would be the duty of every broadband network operator to:

a) Enable users to access all lawful content, applications, and services available over broadband networks, including the Internet.

b) Not block, impair, degrade, discriminate against or interfere with the ability of any person to use their broadband service to access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet; or attach any device to the provider's network that does not harm the network.

c) Clearly and conspicuously disclose information to users about their service.

d) Offer, upon reasonable request to any person, a broadband service to be used to access unaffiliated content, applications, services.

e) Not to discriminate in favor of itself in allocation, use, quality, or interconnection of broadband service.

f) If the broadband network provider prioritizes or offers enhanced quality of service to data of a particular type, prioritize or offer enhanced service to all data of that type without imposing a surcharge.

g) Not install network features, functions, or capabilities that prevent compliance with the requirements of this section.

Exceptions: The broadband provider may

h) Manage its network, as long as it does not result in discrimination against unaffiliated providers.

i) Offer varying levels of transmission.

j) Protect network security.

k) Offer consumer protections services such as parental controls, as long as the consumer can disable those.

l) Carry or offer a cable service that requires network management to provide enhanced service quality as long as the user may refuse to subscribe while obtaining broadband services from the operator and the offering does not violate duties above.

m) As required by law, prevent violation of state and federal law.

Complaints go to the FCC and it is required to issue within 48 hours a cease and desist order upon prima facie showing of violation until the complaint is fully resolved and, if in the public interest, the order may affect classes of persons similarly situated to the complainant or the violator. The FCC may impose fines and damages.