Net neutrality

GOP makes U-turn on net neutrality

By Kate Tummarello

Republicans in Congress are doing a 180 on net neutrality as the Federal Communications Commission prepares to issue new rules within weeks.

For years, GOP lawmakers have adamantly opposed any rules requiring Internet service providers to treat all Web traffic equally, calling them unnecessary and an example of Washington overreach.

But now that the FCC is moving toward issuing a tough net neutrality order that would subject broadband to utility-style regulation — an approach endorsed by President Barack Obama — top Republicans in both chambers are making plans to legislate their own rules to ensure the agency doesn’t go too far.

“Times have changed,” Rep. Greg Walden (R-Ore.), the chairman of the House telecom subcommittee, said when asked about the evolving GOP position on net neutrality. “The administration has latched onto this [utility-style regulation], and the FCC’s independence is nominal at best.”

According to Walden, the Republican bill — which “is ready” and will be released in the coming days — “gives the protections that the president and FCC say they want, and does it in a legally sustainable way.”
Walden and Senate Commerce Committee Chairman John Thune (R-S.D.) announced late Wednesday that they plan to hold double-header hearings on net neutrality next week, and Thune laid out set of principles that will guide them as they craft the legislation.

The language Republicans are using to talk about their proposed bill illustrates just how far the GOP has come on the issue. The principles embrace and even bolster ideas that were once controversial in Republican circles, like banning “paid prioritization,” the practice of charging content companies for an online fast lane.

Thune’s principles also include bans on blocking or throttling Web traffic and extending net neutrality protections to wireless networks, an idea put forward by Obama and congressional Democrats.

At the same time, the GOP measure would tie the FCC’s hands, prohibiting it from reclassifying broadband as a utility under Title II of the Communications Act, or using other sections of the law to create new rules.

Still, the fact that Republicans are even talking about legislating net neutrality marks a stark departure from their past position.

When a federal appeals court last year threw out the FCC’s previous attempt at net neutrality rules, Walden and House Energy and Commerce Chairman Fred Upton (R-Mich.) called the court decision “a victory for jobs and innovation … by keeping the government’s hands off the Internet” and preventing the government “from playing the role of traffic cop.”

Even those furthest to the right on net neutrality appear to be open to working on legislation. In an interview last week, Thune said all his committee members are ready to work on a measure. “Obviously, not everybody is in lock step, and we haven’t shown a bill yet, but in terms of general principles, I think everybody is pretty much in the same place,” he said.

Thune’s committee includes Sen. Ted Cruz, who in November called net neutrality “Obamacare for the Internet.” Now, Cruz “looks forward to having a vigorous discussion on how we can best ensure the Internet remains a forum for freedom and innovation” as the FCC eyes stricter regulations, according to a Cruz spokesman.

Clearly, a lot has changed in the Internet policy debate in the past year, shifting the political calculus.

For months, the FCC was inundated with millions of comments asking for stronger net neutrality rules, and Obama electrified the debate in November, calling on the agency to reclassify broadband as a utility — the strongest regulatory approach.

While Hill Republicans now have the votes in both chambers to pass a resolution of disapproval or a bill to strip the FCC’s power, an anti-net neutrality measure would almost certainly face a veto threat from the president.

Public interest groups say Republicans are responding to the building pressure.

“Millions of people and businesses have stood up and once again made clear that they want to keep the same rights they’ve always had,” said Matt Wood, policy director of Free Press. “Self-identified conservatives, just like everyone else, overwhelmingly support keeping the rules that have kept the Internet open.”

Still, it’s unclear whether the lawmakers are putting forward “a legitimate effort to at long last listen to their constituents, or just a cynical cable-backed ploy to stall the FCC,” Wood said.
But Walden insists the two parties aren’t that far apart.

“The whole world is being turned on its head right now, and yet we all share what appear to be common principles and goals,” Walden said, adding that net neutrality needn’t be a partisan issue. “I’m not looking at this as whether Republicans win or Democrats lose. It’s what’s best for [broadband] investment.”