May 2017

Sen Thune: Time for Net Neutrality Regulation

Senate Commerce Committee Chairman John Thune (R-SD) took to the Senate floor to say it was time to put the fear-mongering aside and protect the open internet with bipartisan legislation, the kind of legislation Chairman Thune said he had offered but then-chairman Tom Wheeler rejected. That came just before the Federal Communications Commission was to vote on the proposal to roll back Title II classification.

Chairman Thune said there are many upset about how FCC chairman Ajit Pai is proceeding—with the Title II rollback—just as he was when the FCC reclassified under Title II when he previously suggested legislation was the better route. Chairman Thune said the vote to start the Title II rollback did not create certainty for the internet and that there was more work to do. He said there was an opportunity for Congress to provide clear rules of the road for the internet after talking with all stakeholders.

Ajit Pai’s dream of killing net neutrality may soon turn into a nightmare

It’s entirely possible Federal Communications Commission Chairman Ajit Pai’s proposal will die before being implemented. The first obstacle could arrive as soon as July. Should Democratic-leaning FCC commissioner Mignon Clyburn leave the FCC at the end of June as expected, it would leave the body one commissioner short of a quorum, meaning the FCC wouldn’t be able to vote on Chairman Pai’s proposal. (Adding commissioners would likely mean picking yet another fight with congressional Democrats.)

The 1946 Administrative Procedure Act bars “capricious” rulemaking at federal agencies, and experts anticipate credible legal challenges against Chairman Pai’s proposal for not rising above that standard, especially because of how the FCC has bungled public comment.