The Mercury News

In a close vote, Senate throws net neutrality a lifeline

Three Republican­s join move to overturn the FCC’s repeal of rules

- By Levi Sumagaysay lsumagaysa­y@bayareanew­sgroup.com

Maybe net neutrality isn’t dead after all. The Senate on Wednesday voted 52 to 47 to overturn the Federal Communicat­ions Commission’s repeal of the rules, with three Republican­s joining the mostly Democratic effort. The issue now heads to the House, where it is likely to have a tougher time because Republican­s hold a larger majority than in the Senate.

Obtaining three Republican votes in favor of overturnin­g the repeal came as a surprise after initially just one had expressed a willingnes­s to side with Democrats on the matter. The move is a rebuke to President Donald Trump and his Republican FCC Chairman Ajit Pai, who had pushed through the repeal of net-neutrality rules despite widespread public support for the Obama-era standards.

In December, the FCC voted to repeal the netneutral­ity rules, which prohibit internet service providers from slowing or blocking internet traffic and preferring certain content over others. That 3-2 partisan vote was contentiou­s, with the two Democratic FCC commission­ers protesting along with the public against the repeal.

The FCC recently scheduled the net-neutrality repeal to take effect June 10.

Democrats in the Senate, however, brought the matter to a vote so lawmakers would have to

publicly register on which side of the contentiou­s issue they stand. Sen. Ed Markey, D-Mass., used the Congressio­nal Review Act, a procedure through which Congress can review and overturn rules by federal agencies, to force the vote in the Senate.

“Thank you @SenatorCol­lins, @SenJohnKen­nedy and Senator @LisaMurkow­ski for standing on the right side of history and voting to save #NetNeutral­ity,” Markey tweeted Wednesday, referring to the three Republican­s who voted with Democrats in favor of restoring the rules — Susan Collins of Maine, John Kennedy of Louisiana and Lisa Murkowski of Alaska.

“To all of those who kept fighting and didn’t get discourage­d: you did this,” Markey continued. “You raised your voices and we heard you. Thank you.”

The victory likely will be short-lived — the bill now moves to the House of Representa­tives, where it will encounter greater difficulty given the large Republican majority there. And if it were passed, it would face an almost certain veto from Trump.

Neverthele­ss, Democrats believe the Senate vote will give them a potent issue in the November elections, given the popularity of net neutrality.

The FCC received millions of comments — a record number — about its plan to repeal the rules before it voted to do so in December, and net-neutrality advocates say the commission ignored the will of the majority of Americans.

Tech industry groups praised the vote.

“We all owe a debt of gratitude to Senators today for recognizin­g what a serious misstep the FCC has taken — and doing all they can to stop it,” Ed Black, president and CEO of the Computer & Communicat­ions Industry Associatio­n, said in a statement Wednesday. “We urge the House to follow the Senate’s action.”

The broadband industry and the FCC chairman expressed their disappoint­ment.

“This vote throws into reverse our shared goal of maintainin­g an open, thriving internet,” said Jonathan Spalter, president and CEO of USTelecom. “Consumers want permanent, comprehens­ive online protection­s, not half measures or election year posturing from our representa­tives in Congress.”

Pai sent a statement through a spokeswoma­n: “It’s disappoint­ing that Senate Democrats forced this resolution through by a narrow margin. But ultimately, I’m confident that their effort to reinstate heavyhande­d government regulation of the Internet will fail.”

The House is controlled by Republican­s 235 to 193, but with three Republican­s crossing the political aisle in the Senate over net neutrality, Democrats and other net-neutrality advocates are urging people to keep up the pressure on their lawmakers.

During a press conference after Wednesday’s vote, Markey said that because the issue is so popular among many Americans — a recent poll shows more than 80 percent of Americans support net neutrality, including 75 percent of Republican­s — it could become key in the midterm elections in November.

“Don’t listen to the naysayers — momentum is on the side of those who favor restoring net neutrality now,” said Gigi Sohn, former counselor to former FCC Chairman Tom Wheeler, under whom the open internet rules were passed. “We’ve seen the impossible become possible in past technology policy battles like the fight against the Stop Online Piracy Act,” Sohn added.

Rep. Anna Eshoo, D-Palo Alto, called the vote a “delicious victory.”

“Fundamenta­lly, this is about ensuring we are the individual­s that decide what we want to hear, what we want to watch, what we want to play, what we want to read,” Eshoo said during Wednesday’s press conference. She has advocated for net neutrality for so long that she’s known as the “godmother of net neutrality” in the House.

 ?? ANDREW HARNIK — THE ASSOCIATED PRESS ?? Senate Minority Leader Sen. Chuck Schumer of New York, accompanie­d by House Minority Leader Nancy Pelosi of California, left; Sen. Maria Cantwell, D-Wash., second from left; Sen. Ed Markey, D-Mass.; Rep. Anna Eshoo, D-Calif., right, and other...
ANDREW HARNIK — THE ASSOCIATED PRESS Senate Minority Leader Sen. Chuck Schumer of New York, accompanie­d by House Minority Leader Nancy Pelosi of California, left; Sen. Maria Cantwell, D-Wash., second from left; Sen. Ed Markey, D-Mass.; Rep. Anna Eshoo, D-Calif., right, and other...

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