Net neutrality bill returns without Boucher

House Energy and Commerce Communications Subcommittee Chairman Rick Boucher, D-Va., is conspicuously absent from the list of co-sponsors of new legislation designed to ensure that major telecommunications and cable providers never block or degrade content traversing their high-speed Internet networks.

The measure was introduced by Rep. Edward Markey, D-Mass., a senior Energy and Commerce Committee member who served as subcommittee chairman last year, and Communications Subcommittee member Anna Eshoo, D-Calif., just before the House began its summer recess Friday evening.

Boucher's absence from the bill appears to reinforce a policy shift, given that just three years ago he co-sponsored a similar measure with Markey, Eshoo and Rep. Jay Inslee, D-Wash., aimed at preserving "network neutrality" on the Internet. Despite repeated attempts, they failed to add it to major House telecom legislation, which eventually died.

This time around, a congressional source said Markey reached out to Boucher and Energy and Commerce Chairman Henry Waxman, who didn't sign onto the bill but conveyed his support for it. Aides to Markey and Waxman were not immediately available for comment today.

But Boucher made clear after taking over the subcommittee this year he would not join a renewed legislative effort on net neutrality, saying he supports a negotiated remedy involving industry stakeholders and public watchdogs.

"Negotiations are ongoing," Boucher's office said in a written response to questions today, adding that the Virginia lawmaker did not "encourage or discourage" Markey from pursuing the bill.

Art Brodsky, spokesman for Public Knowledge, an advocacy group at the forefront of the push for tougher net neutrality safeguards, was unaware of recent negotiations. Another source said discussions may be occurring between Boucher and broadband providers.

There has been speculation that Boucher pulled back from his previous stance on the need for legislation to avoid alienating major telecom companies as he seeks to craft bills affecting the wireless industry and a federal fund subsidizing telecom service in low-income and rural areas.

The lawmaker has insisted during previous interviews that his latest position is not a retreat, asserting that onerous threats by carriers have abated and the FCC is adequately handling the situation.

Under the leadership of its new chairman, Julius Genachowski, the FCC is expected to strengthen its guidelines on acceptable behavior by broadband providers.

Companies such as AT&T, Comcast, Time Warner and Verizon have argued that net neutrality legislation is unnecessary and could stifle future investment in broadband at a time when the Obama administration is trying to spur increased deployment.

Despite Boucher's stance, watchdogs have been careful not to criticize the lawmaker, an important ally who is viewed as someone they can work with.

"It's a long Congress and we're just getting started," Brodsky said, when asked if the bill faces dim prospects without Boucher onboard. "We don't know that he's not necessarily going to support it."