Internet road rules near FCC vote Part 1

By Jasmin Melvin

WASHINGTON | Sun Dec 19, 2010 1:40pm EST


(Reuters) - A controversial proposal for Internet traffic rules that would allow providers to ration access to their networks is scheduled to come before communications regulators for a vote on Tuesday.

The rules would ban high-speed Internet providers like Comcast Corp and Verizon Communications from blocking lawful traffic, but are expected to acknowledge their need to manage network congestion and possibly charge consumers based on Internet usage.Federal Communications Commission Chairman Julius Genachowski's plan will likely attract the grudging support of his two fellow Democrats, analysts say, overcoming opposition from the agency's two Republicans.

Items on the FCC's agenda are sometimes withdrawn on late notice when agreement cannot be reached, but those following the issue think Democrats Michael Copps and Mignon Clyburn will decide imperfect rules are better than no rules at all.Copps wanted the FCC to reclassify Internet traffic under tougher rules applying to telephone service, while Clyburn has said she is uneasy about giving wireless Internet providers more freedom to manage their networks than wireline services.

The Republican commissioners have said they prefer that Internet traffic remain free of regulation."But I still think it's more likely that they will work something out," said Rebecca Arbogast, an analyst with Stifel Nicolaus and a former division chief at the FCC.Internet providers say they should be free to manage their networks for the benefit of all users, but content providers fear disruption of access and anti-competitive behavior.

The rules could help cable companies battling competitors who deliver competing video content over the same Internet lines the cable companies hook up to customers' homes.Level 3 Communications, a company that helps Netflix Inc stream videos online, has accused Comcast of charging it unfair fees to deliver content to Comcast subscribers.The FCC's ability to regulate the Internet has been in doubt since an appeals court in April said the agency lacked the authority to stop Comcast from blocking bandwidth-hogging applications.Court challenges are expected over this latest rule-making effort, although senior FCC officials have said they will invoke new legal arguments not employed in the Comcast case.

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