Stimulus Bill Attempts to Impose Once-Moribund 'Net Neutrality': CNet 
By Tom Blumer 
Created 2009-02-17 00:02 
If you haven't figured it out yet, the fact that lawmakers in Washington who 
voted for the mislabeled "stimulus" bill championed by Barack Obama, Nancy 
Pelosi, and Harry Reid did so without reading it, let alone understanding it, 
means that in the coming weeks (or months?) we'll be learning about all manner 
of items in the legislation that "nobody" knew about. But that didn't stop 
House and Senate majorities from passing the legislation. My educated guess is 
that you won't hear much about these buried provisions from Old Media, because 
they're largely designed as stealth advances of longtime liberal agenda items. 

Remember "net neutrality"? It's back, after probably a year or so of neglect.

Declan McCullagh at CNet [1] explains that whoever wrote the legislation (will 
we ever know?) is attempting to force anyone who receives government money for 
broadband expansion to comply with something that isn't law, or even a 
regulation (links were in original):

  Democrats sneak Net neutrality rules into 'stimulus' bill

  ..... Democrats are using the 258-page legislation [2] to sneak Net 
neutrality rules in through the back door.

  The so-called stimulus package hands out billions of dollars in grants for 
broadband and wireless development, primarily in what are called "unserved" and 
"underserved" areas. The U.S. Department of Commerce is charged with writing 
checks-with-many-zeros-on-them to eligible recipients, including 
telecommunications companies, local and state governments, and even 
construction companies and other businesses that might be interested.

  The catch is that the federal largesse comes with Net neutrality strings 
attached. The Commerce Department must ensure that the recipients "adhere to" 
the Federal Communications Commission's 2005 broadband policy statement (PDF) 
[3]--which the FCC said at the time was advisory and "not enforceable," and has 
become the subject of a lawsuit before a federal appeals court [4] in 
Washington, D.C.


  One interpretation of the "adhere to" requirement is that a company like 
AT&T, Verizon, or Comcast that takes "stimulus" dollars to deploy broadband in, 
say, Nebraska must abide by these rules nationwide.


  ..... In addition, recipients must operate broadband and high-speed wireless 
networks on an "open access basis." The FCC, soon to be under Democratic 
control, is charged with deciding what that means. Congress didn't see fit to 
include a definition.

  The Bush administration has taken a dim view of Internet regulations in the 
form of Net neutrality rules, warning [5] last year that they could 
"inefficiently skew investment, delay innovation, and diminish consumer 
welfare, and there is reason to believe that the kinds of broad marketplace 
restrictions proposed in the name of 'neutrality' would do just that, with 
respect to the Internet." A report from the Federal Trade Commission reached 
[6] the same conclusion in 2007.

  In addition, a recent study [7] from the U.S. Chamber of Commerce says that 
the absence of Net neutrality laws or similar federally mandated regulations 
has spurred telecommunications companies to invest heavily in infrastructure, 
and changing the rules "would have a devastating effect on the U.S. economy, 
investment, and innovation."

  Now, perhaps extensive Net neutrality regulations are wise. But enough people 
seem to have honest, deep-seated reservations [8] about them to justify a 
sincere discussion of costs and benefits--rather than having the requirements 
stealthily injected into what supposed to be an emergency save-the-economy bill 
scheduled for a floor vote within a week or so. 


Well, Declan, welcome to Obamaworld. Why have a real debate about an important 
issue when you can "settle" it by burying what you want in a law that no one 
read.

Now the debate will change from supporters of Net Neutrality having to justify 
imposing it to those same supporters shrieking that their opponents want to 
"roll back gains," or some other similar nonsense. The press will all too 
willingly oblige in assisting them in presenting those arguments.

Olympia Snowe, Susan Collins, and Arlen Specter must be so proud. (/sarcasm)

Cross-posted at BizzyBlog.com [9].


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Source URL:
http://newsbusters.org/blogs/tom-blumer/2009/02/17/stimulus-bill-revives-moribund-net-neutrality-cnet
 
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