FCC Commissioner Michael Copps ratcheted up the debate over "network neutrality," with warnings that the Internet is under threat of domination by communications giants.
"The more concentrated that our facilities providers become, the more they have the ability — and possibly even the incentive — to act as Internet gatekeepers," he told a news conference sponsored by the Consumer Federation of America, Consumers Union and Free Press.
Copps, one of two Democratic membes of the FCC, declared, "Our open and vibrant and freewheeling Internet is to me the last place on earth where we should tolerate gatekeeper controls," contending that the Web "wasn't built to be that way."
Copps made his remarks as members of the House Energy and Commerce Committee from both parties seek to finalize language on network neutrality and other issues in a draft telecommunications bill floated by Energy and Commerce Chairman Joe Barton, R-Texas, and several of his Republican colleagues.
A source said the discussions, which involved staff during Congress' winter recess, would intensify later this month, as lawmakers return to Washington. The committee plans to issue a third and final draft early this year, and then debate the legislation.
A second draft issued in November mandates network neutrality, which is a prohibition on the blocking or degrading of content of competing players over high-speed Internet pipes. But the draft makes an exception for premium tiers that would give preference to the content of providers that own broadband pipes. Competitors would have to pay a fee to offer such content.
Copps and the watchdog representatives oppose such language.
CFA Research Director Mark Cooper said companies owning the infrastructure would not publicly admit that they plan to discriminate against rivals — but would effectively accomplish that. "Think about what that does to the Google about to be born that can't afford that rate," he said.
Major telecom companies counter that they are simply trying to manage their broadband networks so consumers receive bandwidth-hungry applications, such as video, without interruption. Cable companies oppose mandatory neutrality restrictions, but are abiding by voluntary guidelines.
Copps declined to comment on how Barton's panel should structure neutrality provisions. "I don't want to get into advising the Congress on what they should do with their legislation," he said. "I don't think they necessarily appreciate that kind of input coming from the regulators."
He noted that, in August, the FCC issued voluntary neutrality principles and imposed such requirements on the mergers of AT&T with SBC Communications and MCI with Verizon Communications. Those merger requirements expire in two years.
After Copps left the briefing, Jeannine Kenney, a senior policy analyst at Consumers Union, said the FCC principles are "an interesting first step" that still "[fall] far short of what is needed" because they are not enforceable. "That's a big problem considering the degree of concern among the public on this issue," she said.
The watchdog groups have urged the committee to only permit premium tiers when network owners can justify them. The groups issued survey results indicating that two-thirds of Internet users have "serious concerns" about owners of Internet pipes blocking or impairing access.