The Senate approved a resolution on a largely party line vote Wednesday that sends a symbolic message to the FCC it erred when it voted to repeal net neutrality.
The final vote pitted all 49 Democrats against all but three Senate Republicans to condemn the FCC’s decision to rollback the rules, scheduled to take effect in June. The three Republicans that joined the Democrats in favor of preserving net neutrality were Susan Collins from Maine, Lisa Murkowski from Alaska, and John Kennedy from Louisiana — the latter two a surprise.
“Today is a monumental day,” said Sen. Edward Markey (D-Mass.) during debate over the resolution. “Today we show the American people who sides with them, and who sides with the powerful special interests and corporate donors who are thriving under this administration.”
The measure faces a much tougher fight in the Republican-dominated House, where it may have trouble even coming up for a vote.
Using the Congressional Review Act, a law that permits Congress to revisit — and reject — decisions by federal agencies within 60 “session days” of their approval, Democrats drew a clear line in favor of net neutrality, which may become an issue in the midterm elections if the Republican-controlled House refuses to bring the measure up for a vote. If the measure passes the House, it will require the signature of President Trump to take effect. That may be unlikely, considering the president once claimed net neutrality was a plot by the Obama Administration to gain control of the internet.
Kennedy explained his vote in favor of net neutrality as an issue of trust.
“You either trust your cable company or you don’t,” Kennedy explained. “If you trust your cable company, you won’t like my vote. Under the 2017 order, a cable company can censor, throttle, or employ fast lanes so long as it discloses. The response from the other side of that is, well, just switch cable companies. But 22% of Louisianans and 19% of all Americans have access to only one internet service provider that can provide the minimum FCC mandated speed. So what are they going to do?”
FCC Chairman Ajit Pai reiterated his belief net neutrality protections were not needed and would deter investment by cable and telephone companies in their networks, a claim hotly disputed by consumer groups that point to evidence investment rose even after net neutrality took effect.
The issue of keeping the internet free and open remains bipartisan, with wide percentages of Republicans and Democrats in favor of net neutrality. That may put Senate Republicans who voted against the measure and are up for re-election on the hot seat this fall.
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This issue doesn’t cut along clean party lines, said Steven Kull, who runs the Program for Public Consultation at the University of Maryland and has studied public attitudes on net neutrality. The program’s research has found that majorities of Americans support government-mandated net neutrality protections.
“People are on the Internet a lot and it’s a big part of their daily experience and the prospect that it will be changed in some fundamental way is disturbing to quite a lot of them,” Kull said.
Fear is a great motivator for voters. Senate Democrats believe their resolution that put every Democrat on record in support of net neutrality — and most Republicans on record against it — can turn what was once considered a wonk issue, into a wedge issue this November. “People underestimate the passion of Internet voters, at their peril. They are mad, and they want to know what they can do, and this vote will make things crystal clear,” he said.