Comm Daily Notebook, 10/4/10:

Civil rights groups want net neutrality to stay on Capitol Hill. The House’s failure to reach
consensus on a net neutrality bill has led Congressional Democrats and some public interest
groups to push the FCC to move forward with plans to reclassify broadband under Title II of
the Communications Act (CD Sept 30 p9). But Friday, the Minority Media and
Telecommunications Council and the Alliance for Digital Equality (ADE) urged the FCC to
let Congress finish its work when members return in November. While failing to cross the
finish line, House Commerce Committee Chairman Henry Waxman, D-Calif., found more
consensus than anyone before, MMTC President David Honig told reporters. That shows a
legislative answer is “within our grasp,” he said. “The commission certainly ought to be
respectful of Congress’s valiant effort to resolve this, and should give Congress some more
time” to work out a deal in the lame duck session or early next year. Some legislators and
observers doubt Congress can pass a net neutrality bill in the lame duck session (CD Sept 30
p1), but Honig was optimistic. It’s an important enough issue for Congress to act on, because
uncertainty over the issue is hurting the telecom sector, which represents one-tenth of the
nation’s gross national product, Honig said. And lame-duck sessions often produce
bipartisanship since members have finished their campaigns, he said. The net neutrality fight
has drained FCC resources, and a Hill answer would also free up the commission to work on
minority issues and other critical matters, added Honig. ADE Chairman Julis Hollis also
urged Hill action. “By calling for reclassification, fringe groups are simply out of touch with
what our communities really need, and that's jobs and investment,” he said. “We cannot
allow them to hijack this debate, nor can we allow overregulation by the FCC to impede this
goal. It is up to Congress to take the reins and continue moving forward to enforce policies
that focus on the creation of jobs and increased employment through the deployment of
affordable access.” It’s unlikely the FCC will schedule a net neutrality vote this year, even if
Congress can’t break a stalemate over the issue, Medley Global Advisors analyst Jeff Silva
wrote Friday. FCC Chairman Julius Genachowski "will likely wait until a new Congress is
seated and assess the reconstituted political landscape before making any major move on
open Internet policy,” the analyst said. He believes Genachowski would rather find a
compromise on net neutrality, and “preferably with bipartisan congressional guidance,” than
move forward on reclassification. — AB