Wyden Threatens Hold on Telecom Bill

By John Eggerton
Broadcasting & Cable

6/27/2006 10:04:00 AM

http://www.broadcastingcable.com/article/CA6347392.html?display=Breaking+News


As the Senate prepares to take up video franchise/telecom reform in the 
Commerce Committee Tuesday, Senator Ron Wyden (D-Ore.) has threatened to 
put a hold on the bill if it is not strong enough on network neutrality.

Wyden, who has co-sponsored an amendment strengthening network neutrality 
language, told home state newspaper, The Oregonian, that "I will do 
anything I can to block a major telecom rewrite that undermines what makes 
the Internet special. I will block it. I will do anything I can to derail 
it," including a hold.

A hold is the custom of delaying a floor vote at the request of even one 
Senator. But it is a custom, not a rule, so the Senate leadership is not 
bound by rule to honor it. But if it does, that could jeopardize passage in 
this session, though the legislators could come back, and likely will, for 
a lame duck period after the fall elections.

For example, a Senate hold on the nomination of FCC Commissioner Robert 
McDowell held up his confirmation for months.

Network neutrality has become the key bone of contention in the video 
franchise reform bill, the subject of intense lobbying on all sides. Still, 
the House passed its version of franchise reform without tough language on 
net neutrality, and did so with the votes of a number of a quarter of House 
Democrats as well as virtually all the Republicans.

Stretching back to the FCC's decision--and the Supreme Court's support in 
the Brand X decision--to reclassify cable and telephone service as 
information services not subject to independent Internet service provider 
mandatory access requirements, computer companies and media reform 
activists have lobbied for congressional action to restore that access 
requirement, most recently in seeking strong network neutrality language.

The House franchise reform bill, which has already passed, essentially 
codified FCC guidelines on nondiscrimination in the provision Internet 
access services, i.e. no blocking of sites or software or hardware, but 
does not give the FCC authority to write specific rules proscribing 
individual practices. The Senate version takes a consumer-focused approach 
to giving the FCC power to punish violators of those principles, but also 
does not give it rulemaking authority, which the Wyden-backed network 
neutrality amendment would.

A key is how much control networks will have over pricing and service. 
Telcos and cable argue they need flexibility to get a return on their 
investments in network buildouts, else they will not be able to expand 
braodband service, which is one of the key reasons telecom law is being 
revised in the first place. Their opponents say they will create an 
Internet toll road, with the price of security and bandwidth discouraging 
the kind of garage innovators that built Google and Yahoo!, not 
surprisingly two of the companies lobbying hard fo network neutrality.


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         



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