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February 8, 2019 01:30 am

NCTA Asks For Net Neutrality Law Allowing Paid Prioritization

DarkRookie2 shares a report from Ars Technica: Cable industry chief lobbyist Michael Powell today asked Congress for a net neutrality law that would ban blocking and throttling but allow Internet providers to charge for prioritization under certain circumstances. Powell -- a Republican who was FCC chairman from 2001 to 2005 and is now CEO of cable lobby group NCTA -- spoke to lawmakers today at a Communications and Technology subcommittee hearing on net neutrality. Powell said there is "common ground around the basic tenets of net neutrality rules: There should be no blocking or throttling of lawful content. There should be no paid prioritization that creates fast lanes and slow lanes, absent public benefit. And, there should be transparency to consumers over network practices." Despite Powell's claim of "common ground," his statement on paid prioritization illustrates a divide between the broadband industry and proponents of net neutrality rules. Obama-era Federal Communications Commission rules banned paid prioritization as well as blocking and throttling, while Trump's FCC overturned the ban on all three practices. Net neutrality advocates are trying to restore those rules in full in a court case against the FCC, and any net neutrality law proposed by Democrats in Congress would likely mirror the Obama-era FCC rules. Republican lawmakers are preparing legislation that would impose weaker rules. The report notes that Powell's proposal for paid prioritization is full of caveats: "There should be no paid prioritization that creates fast lanes and slow lanes, absent public benefit." "His testimony to Congress didn't explain how ISPs can charge online services for prioritization without dividing Internet access into fast lanes and slow lanes, and his statement seems to indicate that slow lanes would be allowed as long as the paid prioritization creates some 'public benefit,'" reports Ars. "How 'public benefit' would be defined or who would determine which paid priority schemes benefit the public are not clear."

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