Cantwell, Inslee: Net Neutrality Rules Should Apply To Wireless

Washington state Democrats urge Genachowski to take strong action

By John Eggerton -- Broadcasting & Cable, 12/13/2010 10:11:26 AM

Senator Maria Cantwell and Rep. Jay Inslee, both Washington state Democrats, wrote FCC Chairman Julius Genachowski Friday to urge him to take strong network neutrality action.

Both supported his proposal last October to expand and codify FCC network neutrality guidelines, and his subsequent proposal to reclassify broadband transmissions to buttress that decision after a court cast doubt on its authority to regulate Internet access.

The pair pushed for applying the same rules to wired and wireless broadband. Currently, the chairman's compromise proposal, which does not rely on reclassification, only applies transparency and no-blocking principles to wireless, arguing that given its different network characteristics it needs more flexibility.

"There needs to be one set of rules that applies to all broadband Internet access, both fixed and mobile. Consumers do not distinguish between the Internet access they receive on their mobile device, and the access they receive on their desktop," the legislators argue. "The specifics of what constitutes reasonable network management, and not the rules themselves should be used to account for the different architectures and technical constraints of broadband Internet platforms."

The FCC's rules provide for reasonable network management, to be determined on a case-by-case basis. But they argue that will not be sufficient. "If strong net neutrality rules for mobile Internet access are not put in place today, through the final order, it will become too late to take action once business models become entrenched. We have seen this pattern time and time again."

FCC Commissioner Michael Copps has indicated he would like to see the rules applied to both. He and the other commissioners are currently working on edits and input on a draft order, which is scheduled to get a Dec. 21 vote.

And not to put too much pressure on the chairman, they add: "Regardless of any other actions the Commission takes under your leadership, the final order on the open Internet proceeding is what you will be remembered for."

CTIA: The Wireless Association has signaled that it may sue the commission if it tries to add any more of the regulations beyond transparency and no-blocking, which they reluctantly agreed to as part of the compromise order.