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Democrats Paid Prioritization on the Web Banned

 & Chloe Albanesius Executive Editor, News

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Two Democrats on Tuesday unveiled a net neutrality bill that would ban ISPs from striking paid prioritization deals with content providers.

The Online Competition and Consumer Choice Act, from Senate Judiciary Chairman Patrick Leahy and Rep. Doris Matsui, is intended to "prevent the creation of a two-tiered Internet system," they said.

Paid prioritization is under consideration at the Federal Communications Commission as part of its new net neutrality rules. Initially, Chairman Tom Wheeler proposed allowing paid prioritization if it was "commercially reasonable." But amidst backlash, he revised the proposal before a final vote to ask for public comment on whether paid prioritization should be banned outright.

Leahy and Matsui - as well as bill co-sponsors Sen. Al Franken, Rep. Henry Waxman, and Rep. Anna Eshoo - think so.

"Americans are speaking loud and clear – they want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider," Leahy said in a statement.

One of the reasons the FCC put paid prioritization on the table was because the court has struck down its previous net neutrality rules - twice. The paid prioritization allowance, therefore, was a peace offering of sorts to the ISPs - like Verizon and Comcast - who possibly would've sued the FCC again if the rules were not to their liking. Wheeler, however, said several times that he would not allow a two-tiered Internet and that any sort of deal would have to be deemed commercially reasonable.

But the only example of a commercially reasonable deal that that has been provided by the FCC thus far is a prioritized connection to someone with an at-home heart-rate monitor that didn't significantly impact Internet traffic to anyone else.

Those opposed to paid prioritization - particularly Sen. Franken - argue that it could lead to much more nefarious deals that could significantly impact the Internet.

Of course, the easiest answer is that Congress pass a law that puts some sort of net neutrality rules in place. And that's what we have here. But the issue is split down party lines - as evidenced by the fact that only Democrats are co-sponsoring this bill. It could probably find support in the Senate, but likely wouldn't pass muster in the Republican-controlled House.

In mid-May, in fact, House Republicans penned a letter to Wheeler, which urged him to back off any sort of net neutrality regulation at all. The lawmakers - including House Speaker John Boehner, Majority Leader Eric Cantor, Majority Whip Kevin McCarthy, and Republican Conference Chair Cathy McMorris Rodgers - said net neutrality rules would be "counterproductive," as they "would only serve to deter investment and stifle one of the brightest spots in our economy."

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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