The Return of Network Neutrality

In late December 2010, the Federal Communications Commission adopted rules aimed at preserving the Internet as an open network enabling consumer choice, freedom of expression, user control, competition and the freedom to innovate. The rules, the FCC promised then, would ensure that Internet openness will continue, providing greater certainty to consumers, innovators, investors, and broadband providers, including the flexibility providers need to effectively manage their networks. But for six months, observers have asked "Where's the rules?" This past week, we've seen renewed activity at the FCC that could help make the rules a reality.

The rules, based on a set of principles adopted in 2005, are an attempt to provide regulations that will keep ISPs from discriminating against traffic on their networks, so a broadband provider couldn't block content from Yahoo, for instance, or play favorites with certain web sites or services. The FCC had started this process in September 2009. On June 24, Broadcasting & Cable's John Eggerton reported that the FCC would soon send its network neutrality rules to the Office of Management Budget for Paperwork Reduction Act vetting. The rules cannot be published in the Federal Register -- and made official -- until OMB completes its review which will include a 30 day comment period to decide if they create unduly burdensome paperwork requirements for broadband providers. On June 30, we learned, the FCC finally sent the rules to the OMB.