Divided House Disapproves FCC Net Neutrality Rules
The House issued a sharp rebuke to FCC net neutrality rules, passing a joint resolution of disapproval under the Congressional Review Act Friday afternoon. As expected, the 240-179 vote split the parties. Six Democrats voted for HJ Res 37, and two Republicans voted against it. While the bill passed the House with relative ease, the road ahead looks difficult. The resolution next moves to the Democratic-controlled Senate, and the Obama administration has threatened to veto if it gets any further. The House failed to demonstrate Friday that the body has a two-thirds majority necessary to override a veto.
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Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., is “disappointed that House leadership wants to undo the integrity of the FCC’s process and unravel their good work,” he said. Senate Communications Subcommittee Ranking Member John Ensign, R-Nev., applauded the vote and signaled he’s ready to move forward on the resolution in the Senate. “In this fight against the FCC’s overreaching authority, both chambers of Congress are needed to join forces against this Order,” he said.
"Today the House gave voice to the American people by voting to ensure the Internet remains open and free from unwarranted and unwelcome government regulation,” House Commerce Committee Chairman Fred Upton, R-Mich., said in a statement after the vote. “I strongly urge the Senate to follow the House’s action and end the marketplace uncertainty created by the FCC’s power-grab.” Ranking Member Henry Waxman, D-Calif, said, “This is a bad bill, made worse by a terrible process."
Neither side appeared willing to listen to the other during debate as they reiterated arguments for and against the joint resolution. Members, mostly on the Democratic side, talked through an opening statement by House Communications Subcommittee Chairman Greg Walden, R-Ore., and he stopped twice to call for order on the floor. Republican members responded by talking through an opening statement by Waxman, who also had to stop to call for order. Later, members responded with cheers and jeers to a passionate and high-volume speech by Rep. Ed Markey, D-Mass., who accused Republicans of bending to the largest broadband companies. “They want to shut [the Internet] down,” he said.
With the government on the precipice of shutdown, House Democrats asked before the vote why the House was debating net neutrality. It’s “outrageous” to consider a net neutrality bill, which “has nothing to do with anything,” Rep. Jim McGovern, D-Mass., said on the House floor before debate on the resolution began. He forced a preliminary vote on whether the House should consider the matter. It was defeated 238-174. Later, House Minority Whip Steny Hoyer, D-Md., offered a motion to recommit the order that would require the House to instead take up a clean one-week Continuing Resolution to keep the government running. The motion was ruled as not germane to the net neutrality matter.
Rep. Bob Goodlatte, R-Va., replied that the House voted Thursday to keep the government open. Friday, he said, the House was voting to keep the Internet open. Goodlatte chairs the Judiciary Committee’s subcommittee on the Internet.
House passage “would appear to be more of a symbolic than a substantive victory for Republicans in light of the measure’s uncertain prospects in the Senate and a guaranteed presidential veto,” Medley Global Advisors analyst Jeff Silva said in an email. “Overriding a veto would be very difficult, though not impossible. The most likely venue for any change to the Genachowski FCC’s net neutrality policy is in court."
Before Friday’s activities, House Democrats circulated to colleagues a flurry of letters opposing the joint resolution. Investment analysts, major broadband providers and content distributors support the rules, said Reps. Jared Polis, D-Colo., and Zoe Lofgren, D-Calif., in one letter. “H.J.Res 37 is a bad bill that purports to solve a problem that no one seems to have.” More than 150 stakeholders oppose the joint resolution, said Rep. Diana DeGette, D-Colo., in another letter. And Rep. Mike Doyle, D-Pa., wrote: “Simply put, H.J. Res. 37 is a bad idea.”