Reichert, Larsen should understand consumers benefit from Net neutrality

The telecommunication and cable lobbyists orchestrating opposition to Net neutrality have been busy combing Congress for friends to thwart any action that brings sensible consumer-oriented policy to the Internet.

They have made some headway as exemplified by a couple letters signed by 74 Democrats and 171 Republicans. The letters were sent to Julius Genachowski, chairman of the Federal Communications Commission.

Both letters are filled with distortions and read as if written by cablecom lobbyists. The intent of the letters is to intimidate Genachowski into not reclassifying broadband, which the FCC has every right to do, as a telecommunications service. By doing so, the commission would have the authority to implement Net-neutrality rules. Net-neutrality laws would force Internet service providers to treat content moving across networks equally.

The FCC's intention to shift broadband under its purview worries the cablecom giants such as AT&T, Comcast and Verizon. In turn, they have partnered with lawmakers who feel that any correcting of broadband rules should go through Congress.

The reclassification showdown has come to a head because of a ruling by the U.S. Court of Appeals for the Washington, D.C., Circuit. The court ruled that the FCC did not have the right to sanction Comcast for degrading BitTorrent — a file-sharing application — on its network.

This hurts because the FCC can no longer make its Net-neutrality principles into law.

I was disappointed to see two names from our congressional delegation on the letters, Reps. Dave Reichert, a Republican, and Rick Larsen, a Democrat. I expected to read Larsen's name because he has consistently been against Net neutrality. Reichert's was more disappointing because he has been a consistent vote for Net neutrality, a rarity for a Republican.

I could not get Reichert on the phone late last week and was e-mailed an explanation saying he still supports Net neutrality but opposes the FCC's desire to firmly place broadband in its realm of influence.

"I continue to support the growth of the Internet as an open, nondiscriminatory platform, and I do not believe in blocking, degrading or impairing consumer access to the Internet and any lawful content. While I supported Mr. (Rep. Edward) Markey's amendment to the COPE Act in 2006 because it would have given the FCC explicit legislative authority to enforce network neutrality, I cannot support an FCC power grab that is based on shaky legal grounds and appears to be an attempted end-run around the DC Circuit's recent ruling in Comcast vs. FCC."

This appears to be Reichert trying to appease segments of his party while trying to tell his constituents in his tech-savvy district that he is still fighting for them.

Reichert, Larsen and the other signatories might have an argument if Congress were doing something about Net neutrality and other media-related policy. Numerous hearings, studies and bills have produced zero in the way of sound Internet policy. The FCC does not have to be held hostage by a Congress either too timid to do its job or a Congress too influenced by the corporations behind the anti-Net neutrality movement.

In an interview, Larsen said he is not convinced reclassifying broadband as a telecommunications service will extend broadband service to rural areas through the FCC's National Broadband Plan.

He separates reclassification and Net neutrality but concedes the matters are related.

"I don't support what people call Net neutrality because at this point it is trying to solve a problem that doesn't exist to the level of us taking necessary action," Larsen said.

If a problem does not exist, how come the FCC and Comcast fought over Net neutrality in court? It is that ruling and Congress's lack of action that has forced Genachowski to take control of broadband policy.

Larsen and Reichert should understand the connection.

Ryan Blethen's column appears Sunday on editorial pages of The Times. His e-mail address is: rblethen@seattletimes.com