Net Neutrality CRA Supporters, Opponents Harden Positions as Rescission Order Takes Effect

Supporters of the Congressional Review Act resolution aimed at reversing the FCC order vowed to continue pushing for a House vote on the measure (House Joint Resolution-129). The Senate voted 52-47 in May for the resolution with the support of three Republicans (see 1805160043 and 1805160064). CRA resolution opponents House Commerce Committee Chairman Greg Walden, R-Ore., and House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., highlighted the need for a legislative compromise. It “appears our Democratic colleagues are more interested in coming up with political slogans than legislative solutions” despite “repeated attempts to start good faith negotiations,” Walden and Blackburn said in a statement. “Congress should not politicize the future of the internet, and we will continue to work towards a bipartisan legislative fix to permanently protect consumers, innovation, and the open internet.”

Sen. Joe Manchin, D-W.Va., called for “colleagues on both sides of the aisle to put partisan politics aside and come together to negotiate a responsible, balanced bipartisan solution that codifies strong net neutrality protections and finally resolves this debate.” Manchin’s office insisted the push for H.J.Res.-129 “has stalled.” Broadband for America, a CRA opponent, wants “comprehensive & bipartisan” legislation “rather than CRA half-measure.” U.S. consumers “won’t see any major changes today, but unless Net Neutrality is restored, consumers, innovators, and small businesses will see their service deteriorate, their choices decrease, and their costs go up over time,” said House Communications ranking member Mike Doyle, D-Pa., lead sponsor of H.J.Res.-129. He urged more pressure on colleagues to sign a discharge petition to force a floor vote on the measure, which had 170 signers by Friday. The petition needs the support of 218 members to take effect.

“There will be no eulogy today for net neutrality,” said Sen. Ed Markey, D-Mass., who sponsored the Senate CRA version (Senate Joint Resolution-52). “The fight to restore net neutrality rules has new urgency today” and until the House votes on the measure, he said, “we will continue to demonstrate in the streets, write letters, make calls, sign petitions, and harness the power of social media.” Groups supporting the resolution also promised to press forward. Demand Progress and 35 other groups launched StoptheFCC.net as a venue for people to contact their House members to urge them to sign the discharge petition and support the measure. Public Knowledge emphasized its planned June 26 advocacy day in support of the resolution.

Supporters of the elimination of the end net neutrality rules marked the day by comparing the fuss to the panic in 1999 over Y2K. Supporters tweeted using #Y2K18, drawing an analogy to the first Y2K when nothing happened despite concerns about technological date glitches as the new millennium began. “Well that’s embarrassing: the left went full Chicken Little about Internet Freedom ... and now they want you to forget everything they said,” the Heritage Foundation tweeted. Net neutrality “did nothing to keep consumer costs down,” tweeted Pai aide Nathan Leamer. “Returning to a light touch approach will make Internet faster, cheaper and better.” On CBS This Morning, Pai said the FCC is positioned to protect consumers and noted the FCC keeps rules that require transparency. Pai said lifting the rules meant more investment in the internet. An agency fact sheet said in addition to stepped-up transparency rules, the FTC can police violations.

Jessica Rosenworcel, now the lone FCC Democratic member, said the end of the rules is “bad news for all of us who rely on an open internet.” ISP groups and companies said consumers have nothing to fear. “What consumers will notice today, tomorrow, next month, next year or pick your date, is quite literally -- nothing,” NCTA blogged. AT&T remains committed to an open internet.

Elsewhere, Washington state maintained net neutrality rules after its law took effect last week. An Oregon law restricting state contracts to net neutral ISPs previously took effect (see 1804100024). Vermont enacted a state contracts bill last month that will take over from Gov. Phil Scott’s (R) executive order in April (see 1805240043). Governors' executive orders restricted state contracts in Hawaii, Montana, New York, New Jersey and Rhode Island. Some Democratic state attorneys general tweeted Monday about their lawsuit against the FCC to restore net neutrality rules, including New York interim AG Barbara Underwood and AGs from Massachusetts and Pennsylvania.