We had Kendrick Meek on the radio show this morning to respond to a caller who earlier in the week called him on the carpet for his vote against the Markey Amendment to the Communications Opportunity, Promotion, and Enhancement (COPE) Act. The issue -- while a bit complicated -- is net neutrality -- something very near and dear to the hearts of bloggers and anyone else who appreciates the cruiciality of a free and open Internet, not controlled by the cable and phone companies who own the broadband cable lines. Most Republicans opposed Markey, and Meek was one of a handful of Democrats who voted against it:
The amendment was rejected 269-152, with 14 members not voting.
COPE is broadly supported, including by the Congressional Black Caucus and Rainbow/PUSH (though I can't help but wonder whose nephews are getting fat Internet deals in the process.) But the Markey amendment would have put the breaks on the telecoms' plans to control the Internet, then sell it to Netcos like Yahoo! and Google based on their size, bandwith and pocket depth. The idea of a high caste/low caste information superhighway. Scary thought. Let's recall that NOT handing the Internet over to corporate titans, and not hoarding it for the Pentagon, was one of the best decisions made by the tech-savvy Clinton-Gore administration. Keeping the Internet free and open to all comers is what drove the 90s boom, and it's what has made the 'Net the global information warehouse that has empowered ordinary people (and scared the bejeezus out of the Chinese).
The overall bill, known as the Communications Opportunity, Promotion, and Enhancement Act (COPE, H.R. 5252), would permit national video franchising for Internet Protocol television (IPTV) providers in hopes of spurring competition in the pay television market.
Unlike the Markey statutory language approach, under the COPE Act the Federal Communications Commission (FCC) on a case-by-case basis would deal with allegations of network neutrality violations.
The legislation would also prohibit the FCC from creating additional network neutrality rules beyond the non-binding principles adopted by the agency last year.
"The bill... seeks to strike the right balance between ensuring that the public Internet remains an open, vibrant marketplace and ensuring that Congress does not hand the FCC a blank check to regulate Internet services," House Energy and Commerce Chairman Joe Barton (R-Tex.), author of the bill, said in introducing the legislation.
"We do need the FCC to stop the cheats without killing honest creativity. We don't need anybody to be the first Secretary of the Internet."
In addition, the legislation mandates Voice over IP providers make E911 services available to consumers and allows state and local governments the option to provide their own telecommunications, cable or information services.
The bill passed on a 321-111 vote, with 215 Republicans and 106 Democrats voting in the affirmative.
Both Verizon and AT&T have combined to invest billions of dollars into building fiber optic IP networks capable of delivering a competitive product to cable systems and millions more to lobby Congress to break from the historical treatment of Internet traffic by carriers.
Currently, all traffic is prioritized, treated and priced the same from the smallest of Web sites to Internet giants such as Microsoft, Google, Yahoo and Amazon.
Under the cable and telco scheme, fees will be imposed for heavy users.
"[The] overwhelming vote brings our nation one critical step closer to TV freedom, where consumers enjoy the benefits of real choice and competition for their video service," Walter McCormick, president and CEO of the U.S. Telecom Association, said in a statement.
"Consumers win when companies are free to invest and compete head-to-head by offering innovative products at attractive prices."
The defeat of the Markey amendment, while not unexpected, still caught technology executives flat-footed.
On Wednesday, House and Energy and Commerce Chairman Joe Barton (R-Tex.), author of the COPE Act, said he saw no way the bill could be voted on before Friday. He did nothing during the day Thursday to discourage that notion.
But while TechNet, the influential nationwide political network of IT CEOs and senior executives, lunched at the National Press Club and enjoyed afternoon meetings with top White House executives and FCC Chairman Kevin Martin, Barton lined up supporters and the House Republican leadership punched through a surprise Thursday night vote.
With TechNet members winging their way home, lawmakers closed the debate on the House side.
"Unfortunately, the House voted today to protect the big phone and cable companies at the expense of preserving an open Internet," the It's Our Net Coalition said in a statement.
"We are not surprised at the outcome, but we are disappointed that the House has abandoned net neutrality."
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"[T]he practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.' Alexander Hamilton, Federalist No. 84, August, 1788
