Doyle Plans CRA Legislation to Kill Net Neutrality Repeal; Thune Repeats Compromise Call

Doyle said he plans to file a Congressional Review Act (CRA) resolution of disapproval aimed at killing the FCC's repeal order if the commission passes it. Doyle's legislation fulfills expectations House Democrats would follow Sen. Ed Markey, D-Mass., in using the tool (see 1712110050). CRA lets Congress more easily pass legislation abolishing regulation within a certain time frame of its issuance and prohibiting an agency from issuing similar rules absent congressional action. Republicans used it in 2017, including in March to end ISP privacy rules (see 1703280076).

Doyle framed his intended legislation as a warning to the FCC not to vote, saying he will precede it by sending Chairman Ajit Pai the letter he has been circulating that would urge the commission to delay its vote (see 1712010045). “The answer to monopolies has always been regulation and competition, and as much as some of the FCC commissioners don’t want to acknowledge it, net neutrality and the regulation of ISPs under [Communications Act] Title II are essential for providing real competition in the broadband marketplace,” Doyle said. The FCC's "vote will proceed on Thursday," a spokesman said.

House Commerce Committee Chairman Greg Walden, R-Ore., told reporters he respects Doyle's "right to" file his CRA resolution but "I wish instead they would work with us" on compromise legislation. "I think the parts are there to come together on blocking and throttling and some of the misbehavior we're all against," Walden said. "The door remains open" to Doyle and other Democrats to negotiate once the net neutrality debate cools down again. Prospects for compromise legislation have been dim all year amid Democratic opposition (see 1702030044, 1707130063, 1708070068, 1708300050 and 1711270054).

Walden said he will attempt to move the debate forward with a yet-to-be-scheduled hearing on paid prioritization. That hearing will examine paid prioritization issues facing the traditional internet community, the "medical world" and autonomous vehicles stakeholders, he said.

Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, told us he intends to co-sponsor Markey's proposal because it's "important for us to make clear that what the [FCC] is planning on doing is unnecessary and wrong." Schatz said he is talking with Thune on net neutrality legislation but they aren't yet at a point where they're "negotiating in earnest."

Schatz, Senate Minority Leader Chuck Schumer, D-N.Y., and Senate Commerce ranking member Bill Nelson, D-Fla., were among 39 senators urging Pai to “abandon this radical and reckless plan." It "will permit that provider to freely block, slow down or manipulate a consumer’s access to the internet as long as it discloses those practices -- no matter how anti-consumer -- somewhere within mounds of legalese in a new 'net neutrality' policy,” they wrote Pai. “It is a stunning regulatory overreach.”

Thune praised Pai for working to reverse the 2015 rules because Congress and the FCC “need to ensure a regulatory framework is in place that protects consumers, but doesn’t stand in the way of investment and innovation.” Congressional action “is the only way to solve the endless back and forth on net neutrality rules that we’ve seen over the past several years,” Thune said. “If my colleagues on the other side of the aisle, and those who claim to support net neutrality rules, want to enshrine protections for consumers with the backing of the law, I call on you today to join me in discussing legislation to do just that. While we won’t agree on everything, I believe there is much room for compromise.”

Two Republicans broke ranks. Rep. Mike Coffman, R-Colo., advised Pai to “delay your upcoming vote [on net neutrality rescission] and provide Congress with the opportunity to hold hearings on the net neutrality issue and to pass permanent" legislation. Rescinding the rules “may well have significant unanticipated negative consequences,” Coffman wrote. “Congress can find the right balance of light-touch regulatory authority while celebrating the same open Internet protections that exist today.”

Rep. Jeff Fortenberry, R-Neb., tweeted Monday he urged Pai “to preserve the framework of net neutrality. The upcoming decision should not allow for corporate monopolistic domination, whether internet service provider delivery or content creators.” Pai last week briefed House Republicans on his proposal (see 1712070069). Demand Progress hailed Coffman and Fortenberry. Three other House Republicans -- John Curtis, R-Utah, Dave Reichert, R-Wash., and Mark Sanford, R-S.C. -- also joined Sen. Susan Collins, R-Maine, in voicing skepticism or opposition to the repeal plans (see 1711270054), Demand Progress said.

Net Neutrality Notebook

Commissioner Mignon Clyburn suggested creative edits to keep net neutrality rules, which the agency plans to scrap Thursday in a "Restoring Internet Freedom" order. "Today I will offer my colleagues an alternative proposal to #SaveNetNeutrality," she tweeted Tuesday. She attached a revised draft to change the name of the proceeding to "Retaining Internet Freedom," and the order to a "policy statement" that would delete almost every word from the text of numerous graphs, except certain circled words, which combined would say: "After...further...review...of the...record...we...affirm...the...2015...Open Internet Order."

Internet "pioneers and technologists" urged Republican and Democratic lawmakers to call on Pai to cancel the scheduled Thursday rescission vote. "This proposed Order would repeal key network neutrality protections that prevent Internet access providers from blocking content, websites and applications, slowing or speeding up services or classes of service, and charging online services for access or fast lanes to Internet access providers’ customers," said the letter from World Wide Web Consortium Director Tim Berners-Lee, Google Chief Internet Evangelist Vint Cerf and 19 others to the chairs and ranking members of the House and Senate communications subcommittees. "The FCC’s rushed and technically incorrect proposed Order to repeal net neutrality protections without any replacement is an imminent threat to the Internet we worked so hard to create. It should be stopped." Commissioner Jessica Rosenworcel tweeted that she agreed with the "gurus" that the FCC should not roll back net neutrality.

A group of 63 small broadband providers urged members of Congress Tuesday to support the rescission proposal. The order “assures that broadband services will be treated equally and fairly under consistent protections,” the ISPs said in letters to lawmakers released by USTelecom. “It also will help advance our number one priority, which is to expand broadband infrastructure and investment and provide cutting edge 21st century communications services to every American.” Pai is “paving the way for more consistent protections for consumers across the internet and a level playing field for all companies online,” the ISPs said. “It is precisely this kind of constructive policy environment that can spark increased investment in broadband infrastructure deployment throughout our nation -- investment that will help close the 'digital divide.'”