Senate Overturn Net Neutrality Rule

On December 14, 2017 U.S. Sen. Sherrod Brown (D-OH) introduced a Congressional Review Act (CRA) resolution to undo an FCC ruling to restore the net neutrality rules.

Congressional Review Act (CRA) Resolutions allow Congress to overturn regulatory actions at federal agencies with a simple majority vote in both chambers.

On 16 May 2018 the Senate approved a resolution to nullify the Federal Communications Commission's net neutrality rollback.

On 11 June 2018 the FCC Restoring Internet Freedom Order is scheduled to take effect. It will restore the FCC’s light-touch approach.

Despite the vote in the Senate it will not have any effect on the FCC’s order that will take effect on 11 June 2018 because the resolution also have to be passed in the house and the President would have to sign it into law.  The House is not taking up the measure.

So what does this mean for net neutrality?  It means that the rules established by the previous administration in 2015 will be rolled back and the rules that were in place prior to that will be back in effect.

It also means that Internet Service Providers who wish to offer different levels of speed for different types of content will not necessarily be prevented from doing so, but will have to provide justification.

Throttling  of network speed is prohibited without justification.  The FCC believes that it can best fight throttling allegations because  reclassification of broadband Internet access service restores the FTC’s authority to enforce any commitments made by ISPs regarding their network management practices that are included in their advertising or terms and conditions.

The FCC believes that the new rules implemented in 2015 was "heavy-handed" and isn't needed.

By Wendy Stewart