The FCC will circulate the proposal ahead of a vote at its 15 May meeting on whether to move forward with the plan. The FCC's last two attempts to implement net neutrality were thrown out in court following challenges from broadband providers. The latest proposal is seen as a compromise to balance the consumer interest in unfettered access to online content and the ISPs' need to manage traffic and differentiate their offerings.
Consumer advocacy groups already turned against the reported proposal, which is seen as creating an internet "fast lane" only accessible to those who can pay for it. The American Civil Liberties Union said this could create barriers to innovation and ultimately higher prices for consumers. Free Press accused the FCC of "aiding and abetting the largest ISPs in their efforts to destroy the open Internet". The proposal doesn't address the issue of peering, something for which Netflix has been lobbying recently.
As part of the rules, the FCC would significantly increase the amount of information broadband providers must disclose about their networks, including details such as the speed and congestion of their service along the last mile. The proposal would also ask whether mobile broadband providers should be subject to a similar commercially reasonable standard when striking deals with content providers; to date the FCC's open internet rules have not applied to mobile operators.
Asked about the new proposal, an FCC spokesman said details like the construction of a "commercially reasonable" standard, and the manner in which disputes would be resolved, are all "among the topics on which the FCC will be seeking comment."
