CBO Score Resolution to Disallow Network Neutrality Rules

The Congressional Budget Office has scored H.J. 37 which would disapprove the rule adopted by the Federal Communications Commission (FCC) on December 21, 2010, that is intended to preserve the Internet as an open network. Report and Order FCC 10-201 establishes rules that would bar broadband providers from blocking lawful content and discriminating in transmitting lawful traffic on the network. The rule also would require broadband providers to disclose to the public information about network management practices, performance, and terms of service.

H.J. Res. 37 would invoke a legislative process established by the Congressional Review Act (Public Law 104-121) to disapprove the open Internet rule. If H.J. Res. 37 is enacted, the published rule would have no force or effect. Based on information from the FCC, CBO estimates that voiding this rule would have no effect on the budget. Enacting H.J. Res. 37 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. H.J. Res. 37 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments.