US Democrats may vote against net neutrality repeal

US Senate Democrat Leader Chuck Schumer will force a vote on a bill that would reinstate the Federal Communications Commission's net neutrality rules.

For those who came in late, last week the Federal Communications Commission voted to repeal its own net neutrality rules and hand over controls to those rather lovely telcos.

But Congress can overturn agency actions by invoking the Congressional Review Act (CRA), as it did earlier this year to kill off consumer broadband privacy protections.

A successful CRA vote, in this case, would invalidate the FCC's net neutrality repeal and prevent the FCC from issuing a similar repeal in the future. This would force the FCC to maintain the rules and the related classification of ISPs as common carriers under Title II of the Communications Act.

All the Democrats need is a simple majority, which means that they have to get a three Republicans to think the idea is barking.

The Senate's Republican majority will be just 51-49 after Alabama Democrat Doug Jones is sworn in. Senator Susan Collins - who is a Republican - opposed the net neutrality repeal so there is a possibility of winning on a razor thin vote.

It would then have to pass the House of Representatives where there are more Republicans who have opposed or expressed scepticism about the net neutrality repeal, but the Republicans have a 239-193 majority in the House so a lot more of them would have to jump ship. Finally, President Donald Trump could veto a CRA resolution even if it passed both the Senate and House.

But the political fall out from sticking your name on a vote against net neutrality is higher than just allowing the FCC to do what it likes and pretending you didn’t notice.
Republican lawmakers intend to submit their net neutrality legislation this week. A Republican bill could prohibit ISPs from blocking or throttling internet traffic. But it might allow paid prioritisation and would not include many other consumer protections that the FCC is throwing out. Republicans don’t care about consumers because while they are voters, they do not stump up much fundraising money as corporations.

Meanwhile, state attorneys general from New York, Washington, and other states plan to sue the FCC to overturn the repeal. Besides overturning the federal regulations, the FCC vote attempts to preempt states from issuing their own net neutrality rules.