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Under the proposed legislation, the FCC would be prohibited from reclassifying broadband under Title II of the Communications Act, a change FCC Chairman Julius Genachowski has proposed in order to allow the government to impose rules designed to preserve the Internet’s openness. Although he has sought to protect broadband from more onerous regulatory requirements under Title II, such as price regulation, the industry regards the reclassification approach as the “nuclear option.”
To ensure net neutrality, the House bill would stipulate that wireline providers may not block lawful Internet traffic and or “unjustly or unreasonably discriminate in transmitting lawful traffic over a consumer’s wireline broadband Internet access service.”
Notably, the nondiscrimination language does not apply to wireless providers. The legislation would prohibit wireless providers from blocking lawful websites, but leaves open their ability to block applications and peer-to-peer activity.
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