I dunno if this will help anyone or not, yet we received this today after filing last week as requested on the list(s).
*********** Thank you for contacting me on network neutrality. I appreciate hearing from you on this important issue. I co-sponsored the Snowe-Dorgan 'Internet Freedom Preservation Act' (S. 2917) because I believe that when it comes to the future of the Internet, there is nothing more important than preserving a system that fosters innovation and is free from the discriminatory practices that may stifle competition and restrict access to the marketplace of ideas. It is urgent that Congress take action now because after last year's U.S. Supreme Court decision and subsequent rule issued by the Federal Communications Commission (FCC) to deregulate broadband over phone lines, there is no law that prevents network operators from giving its own content and services preferential treatment over that offered by unaffiliated parties. Last August, at the same time it deregulated broadband over phone lines, also known as DSL, the FCC adopted four net neutrality principles. They are: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers. While these principles were an important first step, they do not fully address the range of concerns, and more importantly are not enforceable by law or regulation. As you may know, on June 8, 2006, the House of Representatives passed the "Communications Opportunity, Promotion, and Enhancement Act" (COPE), which grants the FCC authority to enforce its August 2005 network neutrality principles in complaint proceedings. In addition, COPE would establish fines of up to $500,000 per violation and require the FCC to resolve network neutrality complaints within 90 days. A stronger net neutrality amendment, addressing the issue of "non-discrimination" was offered and defeated at the Energy and Commerce Committee mark up of the COPE Act as well as on the House floor. In the Senate, on May 1, 2006 Senator Stevens, Chairman of the Senate Commerce Committee, introduced the Communications, Consumer's Choice, and Broadband Deployment Act (S. 2686). The first version of the Act only required the FCC report annually to Congress on net neutrality and make recommendations if necessary. Even though subsequent drafts of the Act improved on the first version by adopting language closer to House-passed language on net neutrality, overall, the net neutrality provisions in S. 2686 still fell far short of what I believe is necessary to protect consumers and businesses that rely on the Internet. At the Senate Commerce Committee mark up of the Act, I co-sponsored an amendment with Senators Snowe, Dorgan, Boxer, and Kerry that would add a critical fifth principle to what the FCC adopted last year and make all the principles enforceable. The fifth principle is a "non-discrimination principle" that states simply "end users shall be entitled to service from each broadband Internet access provider that does not discriminate in the carriage and treatment of Internet traffic based on the source, destination, or ownership of such traffic". After a long debate in the Commerce Committee on June 28th, the amendment failed on an 11 to 11 vote. The Act was subsequently reported out of Committee to the full Senate without my support, largely due to the lack of "non-discrimination" net neutrality amendment. Please be assured I will keep your views in mind and continue to fight for a fair, enforceable, net neutrality language to be included into the Act if and when it gets to the Senate floor. Thank you again for contacting me to share your thoughts on this matter. Finally, you may be interested in signing up for my weekly update for Washington state residents. Every Monday, I provide a brief outline about my work in the Senate and issues of importance to Washington state. If you are interested in subscribing to this update, please visit my website at http://cantwell.senate.gov . Please do not hesitate to contact me in the future if I can be of further assistance. Sincerely, Maria Cantwell United States Senator For future correspondence with my office, please visit my website at http://cantwell.senate.gov/contact/index.html -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
