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Access to Broadband Networks: The Net Neutrality Debate

As congressional policymakers continue to debate telecommunications reform, a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as net neutrality. There is no single accepted definition of net neutrality. However, most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. Concern over whether it is necessary for policymakers to take steps to ensure access to the Internet for content, services, and applications providers, as well as consumers, and if so, what these steps should be, is a major focus in the debate over telecommunications reform. Some policymakers contend that more specific regulatory guidelines may be necessary to protect the marketplace from potential abuses which could threaten the net neutrality concept. Others contend that existing laws and Federal Communications Commission (FCC) policies are sufficient to deal with potential anti-competitive behavior and that additional regulations would have negative effects on the expansion and future development of the Internet. Although most concede that networks have and will always need some management, the use of prioritization tools, such as deep packet inspection, as well as the initiation of metered/consumption-based billing practices have further fueled the debate. A consensus on this issue has not yet formed, and the 111th Congress, to date, has not introduced stand-alone legislation to address this issue. However, the net neutrality issue has been narrowly addressed within the context of the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). Provisions require the National Telecommunications and Information Administration (NTIA), in consultation with the FCC, to establish ... nondiscrimination and network interconnection obligations as a requirement for grant participants in the Broadband Technology Opportunities Program (BTOP). It is anticipated that the NTIA will release these rules by summer 2009. The ARRA also requires the FCC to submit a report, containing a national broadband plan, to both the House and Senate Commerce Committees by February 2010. The FCC adopted, on April 8, 2009, a Notice of Inquiry (NOI) to seek input from stakeholders as it begins to develop this plan. Included among the issues under discussion in the NOI is the question of the role of open networks. This report will be updated as events warrant.