Rep. Coffman Sees 21st Century Internet Act as Net Neutrality Legislative Compromise

Rep. Mike Coffman, R-Colo., bucked the FCC's order to rescind its 2015 net neutrality rules and congressional Democrats' planned Congressional Review Act resolution of disapproval aimed at undoing the FCC action, saying at an Incompas event Wednesday his planned 21st Century Internet Act is aimed at reaching a bipartisan compromise. Coffman was one of the few congressional Republicans who urged FCC Chairman Ajit Pai to delay the commission's December vote on rescission of the 2015 rules (see 1712120037). Coffman began teasing his legislative plans soon after the December vote (see 1712140044). He told us Tuesday he's aiming to file the bill by late this month.

The legislation would bar blocking, throttling and paid prioritization, making consumers “the ones who decide which websites or applications are best for them, not a third party,” Coffman said. “My bill also moves past the old debate between” using Communications Act titles I and II as a legal basis for net neutrality rules, placing “broadband internet access services” under its “own title” in the statute. “The Internet should be a place where all can participate, free from unnecessary barriers,” he said. The Open Internet Preservation Act (HR-4682), which House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., filed in late December, is a good start, but “I’d like to see it go further,” Coffman said. HR-4682 includes provisions to bar blocking and throttling but doesn't have a ban on paid prioritization (see 1712190062 and 1712200057).

Coffman said Democrats' CRA bid is “a nonstarter for me” because it would defer to FCC rulemaking instead of being a permanent legislative solution. “The internet is too important to leave to unelected bureaucrats,” he said. “Congress hasn’t engaged in serious conversation for years, deferring to FCC regulators,” which has resulted in multiple swings between differing net neutrality rules. “It's time for Congress to act,” Coffman said. House Communications ranking member Mike Doyle, D-Pa., told us Tuesday he had gotten the support of at least 135 other House members for the House version of the CRA, which he plans to sponsor. Sen. Ed Markey, D-Mass., plans to file the Senate CRA (see 1712110050 and 1712120037).

Other lawmakers highlighted their own broadband legislation and emphasized the importance of President Donald Trump's impending infrastructure legislative proposal. Senate leaders reached a deal Wednesday to raise federal spending in connection with a continuing resolution to fund the government through March 23. The deal includes $20 billion in funding that would be specifically used for infrastructure projects. Rep. Anna Eshoo, D-Calif., said at the Incompas event that “any infrastructure discussions and policy proposals need to include reasonable federal funding” for broadband projects, echoing recent statements by other congressional Democrats. House Digital Commerce Subcommittee Chairman Bob Latta, R-Ohio, separately said it's “important that Congress leads on” broadband and makes it an important component of an infrastructure package.

Eshoo also touted a trio of broadband bills -- the Broadband Conduit Deployment Act (HR-4800), the Community Broadband Act (HR-4814) and the Clearing Local Impediments Makes Broadband Open to New Competition and Enhancements (Climb Once) Act (HR-4858). She filed the legislation last month (see 1801170055, 1801180058 and 1801190048).