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story category House to Vote on Net-Neutrality COPE Amendment
Critics want net-neutrality, redlining protection
(old news - 01:39PM Thursday Jun 08 2006)
tags: legislation · net-neutrality
Today or tomorrow, the House of Representatives will be debating and voting on proposed Net Neutrality amendments to the controversial COPE act (pdf copy), reports WebPro News. Joe Barton (R-TX), who chairs the Committee on Energy and Commerce, is pushing to have the bill passed as-is. Critics of the bill contend it fails to protect network neutrality, and would allow build-out redlining (offering advanced broadband services to only the most dense and affluent areas).

Related:
  1. House Rejects Net Neutrality
  2. Neutrality Amendment Defeated in Senate
  3. Net Neutrality Mouthpiece
  4. Net-Neutrality Bill Introduced
  5. Shockingly, Infrastructure Investment Is Booming
  6. Network Neutrality Fight: Round Two
  7. Tuesday Evening Links
  8. Tuesday Evening Links
Forums » House to Vote on Net-Neutrality COPE Amendment
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HSDpipeline

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...

I am very confused about this subject can anyone explane what this means to "Joe internet user".

TK Junk Mail
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Re: ...

said by HSDpipeline See Profile :

I am very confused about this subject can anyone explane what this means to "Joe internet user".
You can read comments about this act here and also some proposed amendments to it that have little chance of passing.
»thomas.loc.gov/cgi-bin/cpquery/R···1(hr470)

And here is the thoughts of those who think a "net neutrality" amendment to the Cope act is needed.
»thomas.loc.gov/cgi-bin/cpquery/?···_165628&
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GhostDoggy

join:2005-05-11
Duluth, GA
Similar to Joe Six Packer, meaning the common or average household user. This is different from a power user or someone savvy in some specific field (e.g. videophile in home theater). Think opposite of elitest.

wmcbrine
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Re: ...

He asked what this meant to Joe Internet User, not what "Joe Internet User" meant.

dvd536
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said by HSDpipeline See Profile :

I am very confused about this subject can anyone explane what this means to "Joe internet user".
Does "Pay per click" mean anything to you?
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wmcbrine
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said by HSDpipeline See Profile :

I am very confused about this subject can anyone explane what this means to "Joe internet user".
Perhaps this will help:

»www.savetheinternet.com/

wmcbrine
Touched by His Noodly Appendage

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I have thought of a more succinct way to describe what the phone and cable companies are trying to do, that I think captures the full horror of the situation:

They want to turn the Internet into TV.

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edit:
June 9th, @09:05AM

NM

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edit:
June 8th, @02:17PM

Links to House info on bill's progress

Here is the House's link to current floor activity. The bill is being debated now.
»clerk.house.gov/floorsummary/floor.php3
Look for H.R.5252 & H.Res 850 on the web page as the bill is debated today.
H. Res. 850:
providing for consideration of the bill ( H.R. 5252) to promote the deployment of broadband networks and services

1:18 P.M. -
POSTPONED PROCEEDINGS - The Chair put the question on adoption of H. Res. 850 and by voice vote, announced that the ayes had prevailed. Ms. Slaughter demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the resolution until later in the legislative day.

1:17 P.M. -
The previous question was ordered without objection.

12:06 P.M. -
DEBATE - The House proceeded with one hour of debate on H. Res. 850.

Considered by motion.

On motion to consider Agreed to by the Yeas and Nays: 254 - 166 (Roll no. 235).

11:16 A.M. -
POINT OF ORDER - Ms. Baldwin raised a point of order against consideration of H. Res. 850 by stating that the measure violated Section 426 of the Budget Act in that it included an unfunded mandate. The Chair stated that the threshold required under the rule for identifying the unfunded mandate had been met and the House proceeded with 20 minutes of debate which will be followed by putting the question on consideration of H. Res. 850.
And here for the status of the bill:
»thomas.loc.gov/cgi-bin/bdquery/z···.R.5252:
This link is only updated nightly, so the final resolution of the bill won't show up till tomorrow.
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guitarzan
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Re: Links to House info on bill's progress

Thank You for the links TK.
SD6

join:2005-03-26

Are redlining enabling accusations a red herring?

"Critics of the bill contend it . . . would allow build-out redlining (offering advanced broadband services to only the most dense and affluent areas)."

As I understand it, federal laws and regulations ALREADY ALLOW companies to choose which jurisidctions they will serve. Yes, the local franchise authority can require a complete buildout but that's only within that jurisdiction. There is nothing NOW that prevents companies from only going into dense and affluent cities or suburbs while ignoring rural or poor jurisdictions. If I am wrong, then please correct me with a link. (I am not passing judgment on the current structure just saying that's the way it is.) So this legislation does not "enable" redlining, does it?

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Re: Are redlining enabling accusations a red herring?

said by SD6 See Profile :

"Critics of the bill contend it . . . would allow build-out redlining (offering advanced broadband services to only the most dense and affluent areas)."

As I understand it, federal laws and regulations ALREADY ALLOW companies to choose which jurisidctions they will serve. Yes, the local franchise authority can require a complete buildout but that's only within that jurisdiction. There is nothing NOW that prevents companies from only going into dense and affluent cities or suburbs while ignoring rural or poor jurisdictions. If I am wrong, then please correct me with a link. (I am not passing judgment on the current structure just saying that's the way it is.) So this legislation does not "enable" redlining, does it?
Your deductions are correct.
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Talis

join:2001-06-21
Houston, TX

Re: Are redlining enabling accusations a red herring?

Your deductions may or may not be correct, depending on how you are defining what a jurisdiction is. If the entire area within the city limits is a jurisdictional area, then YES, this bill would promote red-lining. By not allowing the jurisdictional authority to mandate that service within its jurisditional boundaries be provided to ALL citizens, broadband service providers would be able to cherry-pick areas WITHIN a jurisdiction, skipping any areas it chose.

The ability to skip whole jurisdictions is not what this is about since, as you say, they already do that.
BF69

join:2004-07-28
Camden, TN

said by SD6 See Profile :

"Critics of the bill contend it . . . would allow build-out redlining (offering advanced broadband services to only the most dense and affluent areas)."

As I understand it, federal laws and regulations ALREADY ALLOW companies to choose which jurisidctions they will serve. Yes, the local franchise authority can require a complete buildout but that's only within that jurisdiction. There is nothing NOW that prevents companies from only going into dense and affluent cities or suburbs while ignoring rural or poor jurisdictions. If I am wrong, then please correct me with a link. (I am not passing judgment on the current structure just saying that's the way it is.) So this legislation does not "enable" redlining, does it?
Sure it does. There will be no more local franchise agreements so cable companies won't have to abide by them. So areas they now HAVE to serve they won't in the future.
Eek2121

join:2002-10-12
Blairstown, NJ

How does this promote redlining?

(G) DETERMINATION.—If the Commis-
2 sion determines (in response to a complaint
3 under this paragraph or on its own initiative)
4 that a cable operator with a franchise under
5 this section to provide cable service in a fran-
6 chise area has denied access to its cable service
7 to a group of potential residential cable service
8 subscribers in such franchise area because of
9 the income of that group, the Commission shall
10 ensure that the cable operator extends access to
11 that group within a reasonable period of time.
/blockquote

How exactly does this promote redlining?
madrhino

join:2004-07-03

Surprise

"Joe Barton (R-TX), who chairs the Committee on Energy and Commerce, is pushing to have the bill passed as-is."

I wonder if Ol' JoeBar done got hisself summa that good 'ol verizon money.

major marco
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edit:
June 8th, @05:56PM

Re: Surprise

said by madrhino See Profile :

I wonder if Ol' JoeBar done got hisself summa that good 'ol verizon money.
Joe Bar dun got hisself a nice smatterin' of Verizon and AT&T gravy.

odreian615

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Re: Surprise

You forgot that big shot of Comcast

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Re: Surprise

said by odreian615 See Profile :

You forgot that big shot of Comcast
Comcast buys pet politicians just like all corps do, however, Comcast is not attempting to purchase gatekeeping privileges at the moment like the telcos are.

wmcbrine
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Re: Surprise

Make no mistake, Comcast is behind this too. They're just letting the phonecos take the heat for it.

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edit:
June 8th, @07:43PM

Debate in progress on CSPAN on COPE Act

The debate is currently in progress on CSPAN on any amendments to the COPE ACT. The debate and votes are expected on each amendment as it comes up. The vote on the net neutrality amendment is not expected until later this evening.

They are considering 8 amendments(each which will have 10 to 20 mins of debate) and then a vote on each amendment.
The "net neutrality" amendment is number 7.

Here is a link that lists the 8 amendments:
»thomas.loc.gov/cgi-bin/cpquery/R···1(hr491)

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Re: Debate in progress on CSPAN on COPE Act

Text of "Net Neutrality" Amendment:

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike section 201 of the bill and insert the following:

SECTION 201. NETWORK NEUTRALITY.

(a) Amendment- Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following new section:

`SEC. 715. NETWORK NEUTRALITY.

`(a) Policy- It is the policy of the United States--

`(1) to maintain and enhance the vibrant and competitive free market that presently exists for the Internet and Internet services, upon which Internet commerce relies;

`(2) to preserve and promote the open and interconnected nature of the Internet and consumer empowerment and choice;

`(3) to foster innovation, investment, and competition among network providers, as well as application, content, and service providers;

`(4) to ensure vigorous and prompt enforcement of this section's requirements to safeguard innovation, consumer protection, and marketplace certainty; and

`(5) to preserve the security and reliability of the Internet and the services that enable consumers to access content, applications, and services over the Internet.

`(b) In General- Each broadband network provider has the duty--

`(1) not to block, impair, degrade, discriminate against, or interfere with the ability of any person to use a broadband connection to access, use, send, receive, or offer lawful content, applications, or services over the Internet;

`(2) to operate its broadband network in a nondiscriminatory manner so that any person can offer or provide content, applications, and services through, or over, such broadband network with equivalent or better capability than the provider extends to itself or affiliated parties, and without the imposition of a charge for such nondiscriminatory network operation;

`(3) if the provider prioritizes or offers enhanced quality of service to data of a particular type, to prioritize or offer enhanced quality of service to all data of that type (regardless of the origin of such data) without imposing a surcharge or other consideration for such prioritization or enhanced quality of service;

`(4) to enable a user to attach and use any device to the operator's network that does not physically damage, make unauthorized use of, or materially degrade other users' utilization of, the network; and

`(5) to clearly and conspicuously disclose to users, in plain language, accurate information about the speed, nature, and limitations of their broadband connection.

`(c) Preserved Rights and Exceptions- Nothing in this section shall prevent a broadband network provider from taking reasonable and nondiscriminatory measures to--

`(1) manage the functioning of its network to protect the security of such network and broadband network services, provided that such management does not depend upon the affiliation with the broadband network provider of the content, applications, or services on the network;

`(2) offer varied service plans to users at defined levels of bandwidth and different prices;

`(3) offer consumer protection services (including services for the prevention of unsolicited commercial electronic messages, parental controls, or other similar capabilities), or offer cable service, so long as a user may refuse or disable such services;

`(4) give priority to emergency communications and telemedicine services; or

`(5) prevent any violation of Federal or State law, or comply with any court-ordered law enforcement directive.

`(d) Expedited Complaint Process- Within 180 days after the date of enactment of this section, the Commission shall prescribe regulations providing for the expedited review of any complaints alleging a violation of this section. Such regulations shall include a requirement that the Commission issue a final order regarding any request for a ruling contained in a complaint not later than 30 days after the date of submission of such complaint.

`(e) Definitions- As used in this section:

`(1) BROADBAND NETWORK PROVIDER- The term `broadband network provider' means a person or entity that owns, controls, operates, or resells and controls any facility used to provide broadband network service to the public, by whatever technology and whether provided for a fee, in exchange for an explicit benefit, or for free.

`(2) BROADBAND NETWORK SERVICE- The term `broadband network service' means a two-way transmission service that connects to the Internet and transmits information at an average rate of at least 200 kilobits per second in at least one direction.

`(3) USER- The term `user' means any person who takes and uses broadband network service, whether provided for a fee, in exchange for an explicit benefit, or for free.'.

(b) Savings Provision- Nothing in this section shall be construed to modify, impair, or supersede the applicability of the antitrust laws, as such term is defined in section 602(e)(4) of the Telecommunications Act of 1996.

In the heading of title II of the bill, strike `ENFORCEMENT OF BROADBAND POLICY STATEMENT' and insert `NETWORK NEUTRALITY'.

Conform the table of contents accordingly.

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Amendment passed to HR 5252 on VOIP USF possibility

Amendment 8 to HR 5252 passed on voice vote to give the FCC the authority to extend the Universal Service Fund(USF) to VOIP services. That doesn't mean it will. Just that they would be given the authority to do so.

Many speakers on this amendment mentioned that another bill will be considered to revamp the whole USF completely at a later date.
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Zoder

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Re: Amendment passed to HR 5252 on VOIP USF possibility

Amendment 8 also includes intercarrier compensation along with the USF you mentioned above.

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The USF Tax has no purpose anymore since now telco's and ISP's can choose where they can deploy. So extending this tax to VOIP has no purpose what so ever.

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Amendment 6 passes giving FCC authority on net neutrality

Amendment 6 passes by a vote of 353 to 68.
6. Smith, Lamar (TX): Clarifies that the language in section 201 (i.e. the new section 7l5(b)(3) of the Communications Act) that gives exclusive authority to the FCC to adjudicate complaints concerning network neutrality does not affect the applicability of the antitrust laws to cases involving network neutrality or the jurisdiction of the courts to hear such cases.
This gives FCC power to decide on net neutrality issues. But doesn't change power of justice dept to look at net neutrality issues where antitrust laws are concerned.

Amendment 7 would put specific "net neutrality" language in bill HR 5252. This vote comes up next. It is expected to fail, thereby leaving the FCC to determine what net neutrality is or isn't.
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Zoder

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Re: Amendment 6 passes giving FCC authority on net neutrality

If 5252 passes, there is still the Senate vote. If they approve of net neutrality in their version it will need to be worked out in committee. Probably won't get that far though.

What I learned from watching the debate on C=Span is that Rep. Gonzalez is a complete tool of AT&T. But what do you expect from the congressman from San Antonio. The biggest joke was his amendment that failed to be passed by the Rules committee yesterday that would have forced net neutrality on the content providers instead of the network providers.

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edit:
June 8th, @09:37PM

Amendment 7 fails adding specific net neutrality language

Amendment 7, which would have added specific net neutrality language to Bill HR5252, failed by a vote of 269 to 152.
7. Markey (MA)/Eshoo (CA)/Boucher (VA)/Inslee (WA): Seeks to restore important non-discrimination requirements enforced by the Federal Communications Commission that from the inception of the Internet until August of 2005 were binding on telecommunications carriers. This amendment essentially has 3 parts: provides a policy statement in addition to the general duties of broadband network providers; provides for preserved rights and exceptions to the general statutory duties in the first part; and provides an expedited complaint process and an antitrust savings clause.
Basically this defeat means that net neutrality advocates failed to get specific legal language in the bill guaranteeing net neutrality.

Since this amendment failed, net neutrality will be determined by the FCC on a case by case basis if this Bill ever makes it into law.

The next vote will be on the bill itself. An up or down on HR 5252 with the amendments added today.
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edit:
June 8th, @10:51PM

HR 5252 passes by a vote of 321 to 101

HR 5252 has passed by a vote of 321 to 101 and must be passed by the Senate or reconciled with a different Senate bill in a conference committee. No date has been set yet for these actions. Given the limited amount of time in the current Senate legislative schedule, no broadband bill may make it into law this year.

The law as passed would set up a national video franchise system overriding local laws; let the FCC determine what net neutrality is on a case by case basis; and let the FCC extend the USF to VOIP if it so desires.

P.S.> 106 Democrats voted for HR 5252.

P.P.S.> If any Senate bill moves forward this year it will likely be S.2686 sponsored by Sen Ted Stevens of Alaska. It would be very similar to the House bill according to Stevens.
»thomas.loc.gov/cgi-bin/bdquery/z···s.02686:

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Forums » House to Vote on Net-Neutrality COPE Amendment


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