'Only Solution' to Prevent Title II Is Democratic Backing for Net Neutrality Legislation, Thune Says
Senate Commerce Committee Chairman John Thune, R-S.D., told us he's open to advancing his net neutrality legislation without Democrats. But the real key is pulling in the still-elusive Democratic backing, he said. Some Democrats told us they’re receptive to the ongoing discussions and haven't ruled out true compromise legislation.
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“We’re trying to work with some of the Democrats who raised concerns last week about our bill,” Thune told reporters at the Capitol Tuesday. “Obviously that’s the best solution and we think that’s probably the only solution that prevents the administration from going down the unilateral track that they’re doing right now.” But he said he has considered possible alternatives: “If we don’t get Democrats, obviously we’ll probably introduce a Republican bill, but I’d prefer if there are things that we can do to make our bill more acceptable to get some Democrat buy-in, then we’re going to try and do it.”
The White House has backed the FCC moving forward with its net neutrality order. President Barack Obama is widely expected to veto any net neutrality legislation that lacks Democratic backers.
Thune and his House Republican counterparts led hearings last week on possible net neutrality legislation (see 1501210049). Thune also plans to lay out his tech agenda for the year Wednesday at 2 p.m. in a speech at the American Enterprise Institute. Thune plans to touch on Title II reclassification and the broader telecom law update effort, spectrum policy, cybersecurity and Internet governance, a staffer close to Thune told us. Also expect Thune to bring up Local Choice, said the staffer, referring to a broadcast a la carte proposal that Thune circulated in the last Congress.
The GOP net neutrality legislation would codify several net neutrality protections but cut into the FCC’s authority on Communications Act Title II and Telecom Act Section 706. Republicans have said they want to prevent the FCC from reclassifying broadband as a Title II service, which the agency is expected to do in the order it’s voting on Feb. 26. Democrats in both chambers loudly objected to the net neutrality draft last week and in statements, worrying about how it will affect the FCC’s authority.
“I always think there’s a possible compromise,” Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, told us. “But right now, we want as strong of net neutrality protections as we can possibly get. It looks like what the FCC is proposing is stronger than the legislation. But we’re still at the beginning of the process. Chair Thune, I think, would rather legislate on a bipartisan basis, so we’re going to keep our lines open.”
Senate Commerce Committee ranking member Bill Nelson, D-Fla., hasn't discussed any modifications to the draft with Thune since the Jan. 21 hearing, Nelson told us Monday night. “You need to ask him,” Nelson said of the state of the draft. “I’ve made my position very clear.” Nelson has talked about a bipartisan net neutrality bill with Thune for many weeks, first bringing up a “Title X” solution in an interview with us in November. But at last week's hearing, he warned of various concerns and slammed the idea of moving legislation ahead of the FCC's vote, as Thune has considered.
Schatz predicted the FCC order may pressure Republicans into modifying the discussion draft further. “I think it depends on if the Republicans decide to move in the direction of a compromise, whether just the specter of the FCC moving is enough to precipitate them moving or they’d need to see the rules and then decide to move,” Schatz said. “But I think that’s what’s going to happen.”
“Most people want net neutrality,” Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., told us when asked about a possible compromise on Thune’s legislation. “The American public, if it’s put to a vote with the American public, they’d be for it. I would hope we’d have a bill that represents the interests of the American people, not a political interest, and I think we will.”
Leahy introduced his own legislation to ban paid prioritization deals and advocated in Judiciary Committee hearings for strong net neutrality protections. He and several other Democrats issued a joint statement slamming Thune’s discussion draft following its circulation. Not all Democrats have digested Thune’s draft. Sen. Tom Udall, D-N.M., told us he hasn't truly reviewed the draft and plans to dig into it with his staff soon. Udall, a new Commerce Committee member who previously oversaw the FCC’s budget on the Appropriations Committee, has strongly backed net neutrality rules under Title II and blasted Internet “toll lanes.”
If Republicans attain Democratic backing, “then I think that the FCC would probably back off a little bit and give us an opportunity to do that,” Thune said of the legislative path. “As of right now, we haven’t had that buy-in but we’re continuing to have discussions.”