The net neutrality issue has been bouncing around the Federal Communications Commission for years now. But the easiest way to get something on the books is for Congress to introduce and pass a bill.
Given that net neutrality is a very partisan issue, previous attempts to enact legislation on the issue haven't gone very far. But two Democrats are trying once again, and have introduced a bill that would ban Internet service providers from entering into "paid prioritization" deals.
The Online Competition and Consumer Choice Act from Sen. Patrick Leahy of Vermont and Rep. Doris Matsui of California would prohibit an ISP (like Comcast, for example) and a content provider (like Hulu) from joining forces and hammering out a deal whereby Hulu streams would load faster for Comcast customers than they would for those on Verizon FiOS, AT&T, or Cablevision.
This is the second time Leahy and Matsui have introduced this type of bill; they did so in June, but it didn't go very far, in part because Republicans are so vehemently opposed to any sort of net neutrality legislation at all.
But this time around, the bill comes as the FCC is preparing to vote on a set of net neutrality rules from Chairman Tom Wheeler at a Feb. 26 open meeting. We don't yet know what Wheeler's proposal will include, but he created a firestorm last year when he suggested that paid prioritization might be on the table for use in some rare cases. Wheeler has denied, however, that he would support the creation of "Internet fast lanes."
As a result, the Leahy and Matsui bill would require the FCC to use its existing authority to ban paid prioritization deals.
"The Internet must be a platform for free expression and innovation, and a place where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider," Sen. Leahy said in a statement.
"As the FCC develops rules of the road for the Internet, we must ensure there are no tolls, gatekeepers, or a two-tiered Internet system in this country," Matsui said.
The move comes as Republicans this week took control of the Senate and the House. As The Washington Post points out, getting any net neutrality legislation passed - from Republicans or Democrats - will be a rough road. For now, we'll probably have to wait and see what Chairman Wheeler comes up with.