Commentary

Web Companies Ask Congress To Let Net Neutrality Rules Stand

Vimeo, Etsy and Tumblr are among a broad range of tech companies that are asking lawmakers to abandon efforts to gut the net neutrality rules.

"We are writing to urge you to refrain from including riders relating to net neutrality and the Federal Communication Commission’s Open Internet Order in the upcoming omnibus spending legislation," the companies say in a letter sent Wednesday to Reps. Paul Ryan (R-Wisconsin) and Nancy Pelosi (D-California) and Sens. Mitch McConnell (R-Kentucky) and Harry Reid (D-Nevada).

Signatories include Cogent, Kickstarter, and the industry groups Internet Freedom Business Alliance, Incompas and the Computer and Communications Industry Association. Those organizations count some of Silicon Valley's largest organizations, including Facebook and Google, as members.

The letter comes as lawmakers are still considering whether to include riders relating to net neutrality in the budget. The net neutrality order, which the FCC passed 3-2 in February, reclassifies broadband as a common carrier service. The order also specifically prohibits broadband carriers from blocking or degrading content, and from creating paid fast lanes.

In June, the House Appropriations Committee released a funding bill that would have prevented the agency from enforcing the rules until a court has ruled on their validity. While that bill didn't advance, it could still influence the current round of negotiations, The Hillreports.

A separate rider would ban rate regulation of broadband carriers -- even though the FCC has said that it has no intention of setting the rates that Internet service providers can charge for broadband service.

The tech companies specifically warn against that proposal in the letter. "To be clear, we agree with the committees that retail rate-setting may be a harmful practice," the letter states. "However, the rate regulation riders that passed the committee process are drafted in a broad manner that could create unintended consequences for telecommunications policy by eliminating FCC safeguards for broadband markets, Internet entrepreneurs, app makers, and Internet users alike."

Even if Congress decides against passing the anti-net neutrality riders, the future of the rules is very much in doubt. Broadband providers recently asked a federal appellate court to vacate the rules, arguing that the FCC lacked authority to declare broadband a utility service.

The D.C. Circuit Court of Appeals heard arguments on the matter last week, and is expected to issue a decision in the next few months.

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