Kansas Republican Sen. Sam Brownback, along with Kansas Republican Sen. Pat Roberts, is leading opposition to the Federal Communications Commission’s attempts to increase government regulation of the Internet through net neutrality guidelines.

They argue the provisions are unnecessary and would stifle the growth of broadband providers, possibly resulting in a substantial decrease of jobs.

The FCC is pushing to enact net neutrality guidelines quickly, which all broadband and wireless industries would have to abide by.

Currently, the FCC has a four-principle system that focuses on how service providers should conduct themselves.

In September, FCC Chair Julius Genachowski proposed the adoption of two additional net neutrality guidelines to the existing principles and also wants each of the six provisions to become codified — meaning the FCC would have the ability to punish any providers that fail to comply, likely through fines.

These two additional guidelines would require that service providers could not block any content that they themselves do not supply and would also put in place certain transparency requirements.

A court case is pending to determine whether the FCC has the ability to punish a provider for failing to comply with one of the existing four principles.

If the FCC manages to adopt the recommended changes, they would be granted the ability to enforce the four existing principles in addition to the two proposed principles, creating an environment in which the FCC would serve as a type of Internet police.

A group of six senators, including Brownback, immediately responded to the introduction of the guidelines by promoting an amendment that would ban the FCC from enforcing any net neutrality laws.

The amendment would bar the FCC from using any fiscal year 2010 funds to “implement any internet neutrality or network management principles” or to “promulgate any rules relating to such principles.”

Sen. John McCain, R-Ariz., has also introduced a bill that would prohibit the FCC from enacting the new proposals.

In addition to the legislative attempts to block the guidelines, Brownback, Roberts and 16 other senators sent a letter to Genachowski criticizing his proposal.

“Broadband service providers have invested billions of dollars in building and upgrading their networks to better serve their customers,” the letter says. “However, burdensome regulations will have a chilling effect on further private sector investment, at a time when the U.S. economy can least afford such an impact.”

Brownback has been a consistent advocate of fighting against government intervention of the Internet and argues that a free-market approach would allow broadband availability to expand into states like Kansas, which have a large rural population.

“Keeping the Internet free of the heavy-hand of government promotes innovation and broadband deployment by giving our nation's cable, telephone, and satellite companies much needed flexibility to invest in their networks and meet the demands of consumers,” Brownback said on his official web page. “It is this approach that will bring broadband to rural communities.”

James Lakely, managing editor of Infotech & Telecom News and co-director of the Heartland Institute’s Center on the Digital Economy, argues that broadband providers should have the ability to manage their business without the intervention of the FCC.

The Heartland Institute is a Chicago-based conservative think tank that focuses on promoting free-market principles.

Lakely said the vague manner of the proposed internet neutrality guidelines would give the FCC substantial latitude in deciding what would or would not constitute a violation. This, he said, would create a situation in which providers would constantly have to double-check their actions with bureaucrats.

“Essentially, the Internet service providers will be playing 'Mother May I' with the government,” Lakely told Kansas Liberty.

Lakely referred to the net neutrality provisions as an “enormous power grab” and said if they were enacted, the federal government would end up “micromanaging the entire Internet economy” leading to yet another layer of government intervention over the states.

Resources:

Genachowski speech

Senator letter to Genachowski

Brownback comments on Broadband Communications

Heartland Institute

The Week in Review