...most of the criticism was over the bill's failure to include a provision that would prevent the cable and phone companies from charging the content providers for offering premium, or faster, Internet services.

The critics say that such a provision is vital to protect the free-wheeling architecture of the Internet. They also say it is necessary to prevent the telephone and cable companies, which are increasingly going into the content business, from favoring their own products over those of others. If the telephone companies can charge more to particular content providers, the critics say, the telephone and cable companies will ultimately offer broadband services that more closely resemble television services, with more limited choices than those now available on the Internet.

The legislation gives the Federal Communications Commission the authority to enforce a year-old broadband policy statement that provides consumers access to the lawful Internet content of their choice. Those favoring the Markey amendment said that the commission's antidiscrimination principle was inadequate to ensure that content providers would not, in effect, be blocked if the telephone companies begin to require companies like Google and their smaller rivals to pay for premium services.