Network Neutrality

The US Senate voted to reverse the Federal Communications Commission's repeal of net neutrality rules, with all Democrats and three Republicans voting in favor of net neutrality. The Senate approved a Congressional Review Act (CRA) resolution that would simply undo the FCC's December 2017 vote to deregulate the broadband industry.

Democratic lawmakers say they can make political hay of the battle over network neutrality among a small — but committed — group of midterm voters. The linchpin of that strategy is a vote in the Senate May 16 on a measure to undo the Federal Communications Commission’s 2017 repeal of net neutrality rules. That raises the prominence of the effort to preserve the neutrality rules — and will put at least some Republicans on record as opposing it.

The competition is stiff, but Federal Communications Commission Chairman Pai may be the most reviled man on the internet. He is despised as both a bumbling rube, trying too hard to prove he gets it, and a cunning villain, out to destroy digital freedom. The anger emanates from his move, shortly after being appointed by President Donald Trump, to repeal Obama-era net ­neutrality regulations. He called his policy the Restoring Internet Freedom Order, an Orwellian touch in the view of his critics, who see ­it as a mortal threat.

[Commentary] The best and fastest vehicle for bringing back the vital protections of net neutrality resides in both houses of Congress. It’s called a “Joint Resolution of Disapproval” which is allowed under a law called the Congressional Review Act (CRA). The CRA allows Congress to overturn an agency decision soon after it is adopted with a simple majority of members in attendance. This Congress used the CRA last April to repeal Federal Communications Commission rules that would have required ISPs to protect the privacy of their customers.

Democrats are increasing looking to make their support for net neutrality regulations a campaign issue in the midterm elections. On Capitol Hill, the Senate is expected to vote on a measure to restore the Obama-era rules repealed by the GOP-controlled Federal Communications Commission. Even if they fail they think the public fight will crystalize their image as the party battling to support an open internet. 

Randall L. Stephenson, AT&T’s chief executive, said in a staffwide memo  that the company had made a “big mistake” by hiring President Trump’s personal lawyer, Michael Cohen.

Sen. Lisa Murkowski (R-Alaska) isn’t ruling out the possibility of bucking her GOP colleagues and voting for the Democrats’ Congressional Review Act net neutrality measure. “Senator Murkowski has not taken a firm stance on the CRA,” said her spokeswoman. “But CRA or not, she believes a bipartisan, legislative solution would be the best path to ensure certainty within the industry.” This answer would seem to put her in the “undecided” column alongside Sen. John Kennedy (R-LA).

Earl Comstock, a high-ranking deputy to Commerce Secretary Wilbur Ross, is quietly pushing for President Donald Trump to support a congressional effort to restore the net neutrality rules, He is advising that President Trump back a resolution that would reverse the Federal Communications Commission repeal, a move that would put President Trump in direct opposition to Ajit Pai, his hand-picked FCC chairman.

Asked at a news conference if he or his staff had had any conversations with representatives from AT&T while the company was paying Michael Cohen for insights into the new administration, including reportedly on net neutrality, President Donald Trump’s lawyer, now-Federal Communications Commission Chairman Ajit Pai said, "No." He later clarified that Michael Cohen had not come to him to open a door for AT&T. 

[Commentary] The net neutrality Congressional Review Act (CRA) resolution may be unlikely to ultimately change Federal Communications Commission policy, but Democrats’ efforts on the issue can still have political value. Democrats are likely using the CRA to generate a chance to go on record in support of a policy unpopular with key party constituencies. Even if the measure stalls out after this week’s Senate vote, then, it may still stand as a political win for Democrats.