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'Net changes pushed

Pay-for-priority rules proposed

LOS ANGELES — The Federal Communications Commission is set to propose new open Internet rules that would allow content companies to pay for faster delivery over the so-called “last mile” connection to people’s homes, but enhance scrutiny of such deals so they don’t harm competition or limit free speech.

That’s according to a senior FCC official familiar with the matter who wasn’t authorized to speak publicly and spoke on condition of anonymity. FCC Chairman Tom Wheeler is to present the proposed rules to the other commissioners today.

So-called “net neutrality” rules are hotly debated because without them, consumers’ ability to freely access certain types of content could be constrained by giant conglomerates for business, political or other reasons.

The new rules are meant to replace the FCC’s open Internet order from 2010, which was struck down by a federal appeals court in January. The U.S. Court of Appeals for the D.C. Circuit affirmed that the FCC had the authority to create open-access rules but said it failed to establish that its 2010 regulations didn’t overreach.

While the older rules technically allowed for paid priority treatment, it was discouraged. The new rules spell out standards that such deals would have to meet to be considered “commercially reasonable.”

Under the proposed rules, if such a deal for priority access were challenged, the commission would look at its impact on competition, on consumers, on free speech and civic engagement, and whether a broadband provider was acting in good faith.

The commission will also ask for comment on how to make such dealings more transparent.

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