Will the GOP challenge Obama over net neutrality?
Net neutrality could be one of the many policy issues that becomes up in a tug-of-war between the Obama administration and Congress this year as Republicans seek to ensure that the Federal Communications Commission (FCC) does not heavily regulate internet service providers.
The Wall Street Journal reports that conservatives are planning to use their new control of Congress to block any attempts by the FCC to regulate the internet like a utility, which would give them greater control over how internet service providers handle traffic. Although the agency is independent, the president said in November that they should set the "strongest possible rules" to ensure that all web traffic is treated equally without priority access for certain sites.
The FCC is in the process of drafting new rules for internet providers after a federal appeals court threw out a rule in January 2014 that was supposed to force broadband providers to treat all internet traffic equally. The agency is back to the drafting process with plans to vote on a final rule in February. The Washington Post reports that FCC Chairman Tom Wheeler plans to circulate his draft rule internally, with a vote on the rule a few weeks later.
If the internet is reclassified as a utility--like electricity or water--the FCC would have greater control over internet service providers that many conservatives, service providers and industry lobbyists say would hurt competition and innovation.
"The regulatory tools at the FCC's disposal are outdated and its previous efforts to create rules to regulate the Internet were struck down by the courts," said Senate Commerce Committee Chairman John Thune, R-South Dakota, in a statement, according to the Journal. "It's hard to imagine that its new attempt will escape legal challenges and avoid the kind of regulatory uncertainty that harms Internet innovation and investment," he continued.
In November, after the president's remarks, House Judiciary Committee Chairman Bob Goodlatte, R-Virginia, sent a letter to Wheeler warning that increased regulation over the internet may not be legal and would very likely be litigated. He would prefer to see the agency to enforce antitrust laws to prevent anticompetitive behavior. Goodlatte promised in the letter that his committee would continue its commitment to protecting an open Internet.
A Republican staffer for the House Energy and Commerce Committee, which has oversight authority over the FCC, told the Journal that lawmakers won't know their exact response until they see the FCC's final rule in February. But they could pass legislation to prevent the agency from reclassifying the internet as a utility or cut the FCC's budget.
A law to maintain net neutrality without reclassifying internet service providers seems less likely, the paper reported, given widespread Republican opposition to internet access regulations. Plus, legislation seeking to override the FCC would likely be vetoed by the president.
The Journal also reports that the fight over net neutrality could hamper cooperation on other issues related to the internet, including how the government allocates the airwaves that wireless carriers use to transmit data, or legislation to address cybersecurity.