Senate Votes to Overturn FCC's Net Neutrality Repeal
The Obama-era internet rules still face staunch opposition in the House and the White House.
Senate Democrats, joined by three Republicans, on Wednesday pushed through a measure intended to revive Obama-era internet rules that pushed equal treatment for all web traffic, though opposition in the House and the White House seems insurmountable.
Republicans on the short end of the 52-47 vote described the effort to reinstate "net neutrality" rules as "political theater" because the GOP-controlled House is not expected to take up the issue and the Senate's approval margin could not overcome a presidential veto.
Democrats, however, were undeterred, saying their push would energize young voters who are tech-savvy and value unfettered online access. "This is a defining vote. The most important vote we're going to have in this generation on the internet," said Sen. Edward Markey (D-Mass.), who sponsored the measure.
At issue are rules that the Federal Communications Commission repealed in December that prevented providers such as AT&T, Comcast and Verizon from interfering with internet traffic and favoring their own sites and apps. Critics, including the Trump administration, said overregulation was stifling innovation, and they backed the FCC's move, which is still set to take effect next month.
Markey said net neutrality has worked for the smallest voices and the largest, but he said internet service providers are trying to change the rules to benefit their interests.
Republicans said they are willing to work with Democrats on enshrining the principle of net neutrality in legislation. But they want to also ensure that regulatory efforts don't get in the way of innovation and quickly evolving internet services.
Sen. John Thune (R-S.D.), said the internet thrived long before the Obama administration stepped in with rules in 2015, and he predicted that when the FCC repeal is in place, consumers won't notice a change in their service.
"That's what we're going back to: rules that were in place for two decades under a light-touch regulatory approach that allowed the internet to explode and prosper and grow," Thune said.
But the FCC's move has stirred fears among consumer advocates that cable and phone giants will be free to block access to services they don't like or set up "fast lanes" for preferred services — in turn, relegating everyone else to "slow lanes."
"We commend the senators who voted today to undo the FCC’s order repealing net neutrality rules," said performers' union SAG-AFTRA in a statement. "We support the basic principles that companies should provide their users with access to all lawfully distributed content on reasonably non-discriminatory terms, they should be prohibited from favoring their own content over the content of an unaffiliated provider and they should be prohibited from prioritizing the content of one unaffiliated provider over that of another. We continue to urge the government to work toward the goal of preserving a free and open internet and to maintain and strengthen the distinction between the transmission of lawful and unlawful content."
Joining all Democratic senators in voting to reverse the FCC's action were Republican Sens. Susan Collins of Maine, John Kennedy of Louisiana and Lisa Murkowski of Alaska.
In recent months, Republicans have used the tools made available in the Congressional Review Act to overturn several environmental, health and safety rules put into place in the final months of the Obama administration. This time, however, it was Democrats who led the effort to kill a rule supported by the Trump administration.
"This is our chance, our best chance to make sure the internet stays accessible and affordable to all Americans," said Senate Minority Leader Chuck Schumer (D-N.Y).
Additional reporting by Jonathan Handel.
5/16/2018 5:45 p.m. updated with SAG-AFTRA statement