Overshadowed by the suspense over keeping the government running beyond the April 8 continuing resolution deadline was a House vote that same day on “net neutrality.”

By a vote of 240 to 179, mostly along party lines, the Republican-controlled House passed a resolution disapproving controversial Federal Communications Commission (FCC) rules on fair Internet and broadband industry practices. The rules, announced in December 2010, would bar Internet service providers (ISPs) from using discriminatory practices in access to websites or web content.

Pros & Cons

The net neutrality debate is about whether the government should regulate ISPs. Supporters of net neutrality believe that without regulations, ISPs could block content or charge consumers different rates for different levels of service. Opponents say such regulation would discourage investment and entrepreneurship.

In February 16, 2011, testimony before the House Energy and Committee, FCC Chairman Julius Genachowski defended the rules, saying:

“I believe that Internet freedom and openness should be preserved, so that law-abiding citizens can say what they want and go where they want online.

I believe that preserving the free and open nature of the Internet is critical to sustaining its role as an engine of innovation and job creation, unleashing America’s extraordinary entrepreneurs to start companies, and turn them into the next generation of strong andgrowing businesses.”

The vote on the House floor was on House Joint Resolution 37, which specifically stated that the FCC rules “shall have no force or effect.” During the debate, Representative Greg Walden (OR-D), sponsor of the measure, said that “in a representative democracy, Federal agencies may impose regulations only to the extent authorized by the United States Congress” and called the claim that it could regulate the Internet “flawed.” He added:

“The Internet is open and innovative thanks to the government’s hands-off approach, as Democrat FCC Chairman William Kennard has explained, and I quote: ‘The fertile fields of innovation across the communications sector and around the country are blooming because from the get-go we have taken a deregulatory, competitive approach to our communications structure, especially the Internet.’ There is no crisis warranting government intervention.”

Outlook for Passage

The resolution is likely to face significant opposition in the Senate, and the White House has suggested that a veto is probable; but the debate over net neutrality is certain to continue. Congressional Digest covered this important issue when it was first considered in Congress in 2007 (see “Network Neutrality,” Congressional Digest, February 2007), and will continue to follow it closely.