Net neutrality debate spills over to broadband stimulus

Carriers and net neutrality proponents found themselves at odds Monday during a discussion on whether to place strict net neutrality conditions on any broadband network built using economic stimulus money.

Held at the U.S. Department of Commerce in Washington, D.C., Monday, the panel discussion was intended to give the National Telecommunications and Information Administration (NTIA) and the U.S. Department of Agriculture (USDA) guidelines for funding companies that pledge to built out broadband networks in underserved areas. The crux of the debate was whether the government should enforce a strict policy of nondiscrimination on networks built with broadband stimulus money.

Specifically, the stimulus legislation says that any networks built with the funds must adhere to the "nondiscrimination and network interconnection obligations" that the Federal Communications Commission first outlined in 2005. These principles state that networks must allow users to access any lawful Internet content of their choice, to run any legal Web applications of their choice, and to connect to the network using any device that does not harm the network. Additionally, the principles state that consumers are "entitled to competition among network providers, application and service providers and content providers."

However, some net neutrality advocates argued during the debate Monday that these principles are not written strongly enough to specifically bar networks from slowing down competitors' content in favor of their own.

"In exchange for extraordinary government benefit, grant recipients must not degrade, prioritize or discriminate against any lawful content, application or service," said Gigi Sohn, the president of advocacy group Public Knowledge. "Thus we urge the NTIA to ensure that there is an explicit prohibition that will ensure nondiscrimination."

Ben Scott, the policy director at the media reform group Free Press, expressed a similar sentiment and said that the Internet has been so successful because networks have served users content on a first-come, first-served basis and have not placed a priority on their preferred content.

"Nondiscrimination is a simple principle that everybody takes for granted," he said. "That means control over the market of consumers and providers, not the monopoly of the network companies. There should be no unnecessary discrimination between different kinds of online content. It's basic and fundamental and it does not lend itself to half measures."

However, representatives from major carriers said it would be a mistake for the NTIA and USDA to enforce nondiscrimination principles that expanded beyond the FCC's four principles. Jonathan Banks, who heads the U.S. Telecom Association's law and policy group, said the FCC's four principles set the "right approach" and that it would be out of the NTIA's area of expertise to expand their scope any farther when awarding broadband stimulus grants. Furthermore, he said that adding on new restrictions against network discrimination could slow the process of getting stimulus money out to where it's needed.