Congressional Republicans are drafting an "industry-backed proposal" to enforce net neutrality rules while preventing the Federal Communications Commission from reclassifying Internet service as a utility, The Washington Post reported today. The Republicans "appear likely to introduce legislation next month," the report said.

If true, Internet providers and Republicans would be resigning themselves to some form of network neutrality rules being imposed on broadband service. But they would avoid the imposition of utility rules under Title II of the Communications Act, a scenario the industry fears even more.

The FCC is on track to issue network neutrality rules that prevent or limit the ability of Internet providers to block or discriminate against applications and websites. The rules would include restrictions on "fast lanes" in which online content providers could pay ISPs for preferred access. The FCC may need to use Title II to impose these rules because of a Verizon lawsuit that led to a court decision saying the FCC could not impose per se common carrier obligations without reclassifying broadband providers as common carriers.

President Obama has urged the FCC to treat broadband as a utility, but the commission hasn't made a decision yet.

So far, deliberations on the potential legislation are happening in private. The Post reports:

The industry-backed proposal would preempt efforts by the Federal Communications Commission to draw up new rules for Internet providers. While key details of the proposed bill are still being hammered out, the legislation would attempt to end a debate over the FCC's power to regulate net neutrality, or the idea that broadband companies should treat all Internet traffic equally, said the people familiar with the plan who declined to be named because the talks were private. The industry officials said they are discussing details of the proposal with several Republican lawmakers, whom they declined to name. The officials also said the proposal is being backed by several large telecommunications companies, which they also declined to name.

The legislation would create a "Title X" that "would give FCC Chairman Tom Wheeler the authority to prevent broadband companies from blocking or slowing traffic to Web sites, or charging content companies such as Netflix for faster access to their subscribers—a tactic known as 'paid prioritization.'" In exchange for those powers, the FCC would have to avoid imposing Title II rules on Internet providers.

While Obama urged the FCC to reclassify broadband, he also said the commission should avoid imposing Title II regulations that aren't related to net neutrality, such as rate regulation. Obviously, he would have the opportunity to veto any legislation passed by Congress. Republicans will have control of both the House and Senate beginning in January.

This would not be the first net neutrality legislation proposed since the FCC began its current deliberations. In May, US Rep. Bob Latta (R-OH) proposed a bill that would have prevented the FCC regulating broadband as a utility. In November, congressional Republicans sent a letter to FCC Chairman Tom Wheeler claiming that the FCC lacks any authority to reclassify broadband. Even industry groups representing ISPs seem to accept that the FCC can reclassify, however, though they oppose such a move.

Democrats introduced legislation in June that would have required the FCC to ban paid prioritization. Yesterday, 38 Senate and House Democrats called on the FCC to reclassify broadband as Obama suggested.