Defying Washington to Save the Internet

[Commentary] It's a rarity in Washington to see a communications bill that actually serves the public. But a bill Sen. Jay Rockefeller (D-WV) introduced recently is a direct challenge to the communications cabal that controls much of our media in the United States. For that the Consumer Choice in Online Video Act faces very long odds. But Rockefeller's bill does so much for Internet users and video watchers that it deserves everyone's support.

Rockefeller's bill tears down most of the blockades gatekeepers are using to protect their legacy monopolies. And it goes further than that, giving the Federal Communications Commission the power to make rules that guarantee people can access video content via a truly open and competitive network. The bill notes the substantial First Amendment interest in "promoting a diversity of views" -- and in preventing Internet service providers from discriminating against other content providers. The bill also includes many findings that regulators and politicians beholden to industry are loath to acknowledge. For example, it states that ISPs' growing use of data caps "can negatively impact the competitive position of online video distributors and the appeal of their services to consumers." The bill also notes that ISPs "have an increased incentive to degrade the delivery of, or block entirely, traffic from the websites of other online video distributors, or speed up or favor" their own content, because "online video distributors pose a threat" to ISPs' own video businesses. Rockefeller's bill makes it illegal for any ISP to "block, degrade, or otherwise impair any content provided by an online video distributor," and defines such distributors to include anyone from the tiniest nonprofit outlet to online giants like Netflix and Apple. But it doesn't stop there. The legislation prohibits ISPs from using underhanded tactics to "deter competition." And to ensure that ISPs don't play games, the law requires any provider that has data caps to use certified meters and fully disclose these practices to consumers before they sign up. And in barring ISPs from favoring their own video content, the Consumer Choice in Online Video Act also closes one of the biggest loopholes in the FCC's Open Internet rules, the so-called "specialized services" exception. Rockefeller's bill outlaws many of the practices the industry uses to prevent online companies from accessing content. The bill bars cable companies from using contracts that prevent content owners from selling to online distributors.