The Federal Communications Commission (FCC) voted 3-2 this week to open up a preliminary proposal on Internet regulation for public comment. The proposed rule, which was first suggested last month, considers ways to regulate how Internet Service Providers (ISPs) will offer bandwidth to carry content to your computer and mobile devices. The Internet has been essentially held together by a concept known as net neutrality – consumers can expect to receive the same level of service from all ISPs for all manner of content. Many are concerned that the FCC’s new rules will bring that to an end.

Consumers have always paid the same rate for all the content they receive on the Internet. One fee to an ISP to receive the material, and subscription fees to whatever specific services they enjoy, be it Netflix, Hulu or whatever. But the recent explosion in broadband content like streaming video and on-demand movie and TV viewing have led some to fear traffic jams on the information superhighway. ISPs are now paying more to lay the cable that will deliver this broadband content, and there has been talk for some time that certain content providers should pay more because it’s their content that necessitates these expensive upgrades.

Many content providers and consumer advocates have voiced concern that a two-tiered Internet could develop whereby ISPs could charge a higher price to Netflix and other companies for premium content. This would effectively mean that smaller companies could be squeezed out of the high-end video market if they cannot afford the price. It also means that consumers would pay more for their Internet service, because, let’s face it, in the end these costs are always passed down to the consumer.

The FCC tried to codify net neutrality in 2010, but its rules were thrown out in court in January on the grounds that it didn’t have the authority to make those kinds of regulations. This latest attempt has set up a divisive debate, one in which FCC chairman Tom Wheeler is facing an uphill fight.

Wheeler has been vocal in his defense of the proposed rules. “There is one Internet. Not a fast Internet. Not a slow Internet,” he told reporters. “Personally, I don’t like the idea that the Internet could be divided into haves and have-nots and I will work to see that that does not happen.”

Few people are ambivalent about the proposed rules, which were only made public Thursday. One of the major concerns is that the rules will do exactly what Wheeler says they do not do – create essentially two Internets and allow ISPs to charge more for premium service. The biggest danger, however, is that the rules will allow the FCC some vague power to decide just what ISPs should charge for broadband access on a case-by-case basis, creating even more chaos in the marketplace. Either way, there is a valid fear that innovation could be stifled. More court cases are likely.

The public comment period for the FCC’s rule proposal will be open until July 10, and then another reply comment period will follow until Sept. 10.