Republicans on Capitol Hill continue to move major pieces of legislation forward. From the Iran deal to a $200 billion Medicare reform to the party’s forthcoming budget, the GOP is sending a clear message to voters ahead of the 2016 elections: Republicans can govern, and govern well, when they’re in charge.
While recent efforts by South Dakota Sen. John Thune, and Reps. Fred Upton of Michigan and Greg Walden of Oregon to advance Internet policy may not muster the same attention as those high-profile topics, the need for a solution and support from Congress is equally paramount.
In February, the Federal Communications Commission (FCC) approved sweeping Internet regulations on party lines that equate the Internet to the phone system of the 1930s. They did so under the guise of “net neutrality,” in lockstep with Mr. Obama’s socialist view of the Internet. The rules hit the Federal Register in April and will soon become the law of the land despite any valid justification.
The supposedly “independent” agency is making it up as they go, unsure of what their own rules may do and even acknowledging that Internet providers have no way of knowing what rules apply to their businesses. When pressed on what sorts of activities the new Internet conduct standard could regulate, FCC Chairman Tom Wheeler said, “We don’t really know … where things go next … The FCC will sit there as a referee able to throw the flag.”
This is the antithesis of regulatory certainty. It also exemplifies the FCC’s rush to implement President Obama’s policy rather than engage in the reasoned decision-making that is necessary when fashioning rules that govern one-sixth of the U.S. economy.
Unfortunately, this debate has shifted considerably in the last year, and to try and return the Internet to a completely unregulated service is probably no longer a reality. Thanks to Mr. Obama and the FCC, the toothpaste is out of the tube – at least until there’s a principled Republican in the White House.
Until that happens, however, Republicans and select Democrats see an opportunity for compromise – a way to rein in the FCC with a policy that grants widely desired consumer protections but avoids draconian regulations of the Depression Era. Put simply, a legislative fix would appease fears of Democrats by instituting basic protections – no blocking, throttling or prioritizing Internet content – but re-establish the Internet in its proper place, as a lightly regulated information service.
This best-case-scenario policy must advance quickly to offset the FCC’s rules.
Democratic Sen. Bill Nelson of Florida said in February that he “remain[s] willing to continue discussions regarding true bipartisan legislation.” Other Democrats, including New Jersey Rep. Frank Pallone and Rep. G.K. Butterfield of North Carolina, said much of the same. Mr. Butterfield noted that he is committed to working with other members of Congress “to craft a permanent legislative solution that codifies the strong consumer protections and open Internet principles we all support.”
These Democratic leaders now have a golden opportunity to put taxpayer money where their mouth is and work with Republican lawmakers like Messrs. Thune, Upton and Walden to curb the FCC’s attack on the Internet while providing consumers with reasonable protections.
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