GOP takes on the FCC over network neutrality

[Commentary] Many congressional Republicans were outraged when Federal Communications Commission Chairman Tom Wheeler announced a new network neutrality proposal that was considerably tougher on the cable and telephone companies that provide Internet access than the plan he'd unveiled in April. They were particularly upset that Wheeler's shift gave President Barack Obama everything he asked for in November, when he called on the FCC to adopt “the strongest possible rules to protect net neutrality.” Republicans were so upset, in fact, that they launched inquiries on whether the President improperly meddled with an independent agency. Not to meddle in congressional affairs, but they're wasting their time.

Congress created independent agencies such as the FCC to craft and enforce regulations without being subject to the dictates of whoever happens to occupy the White House. To keep the agencies' governing bodies free from undue influence or fear of presidential reprisal, members serve fixed terms that don't necessarily coincide with the president's, and they can be kicked off only for reasons specified in statute. Even so, the agencies aren't exactly insulated from the White House -- or from Congress, for that matter. The Supreme Court ruled in 1976 that the agencies' governing bodies had to be filled by presidential appointment, ensuring that they would be led by people aligned with the party in power. Congress often requires appointees from both sides of the aisle, but in the FCC's case, three of the five commissioners picked by the president are in his own party.