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Senate votes to save net neutrality rules

The Hill logo The Hill 5/16/2018 Harper Neidig
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Video by Reuters

The Senate on Wednesday voted to reinstate the Federal Communications Commission's (FCC) net neutrality rules, passing a bill that has little chance of advancing in the House but offers net neutrality supporters and Democrats a political rallying point for the midterm elections.

Democrats were able to force Wednesday's vote using an obscure legislative tool known as the Congressional Review Act (CRA). CRA bills allow Congress, with a majority vote in each chamber and the president's signature, to overturn recent agency moves.

Three Republicans - Sens. Susan Collins (Maine), Lisa Murkowski (Alaska) and John Kennedy (La.) - joined the 49 Senate Democrats to pass the bill 52-47.

They argue that without the net neutrality regulations, which require internet service providers to treat all web traffic equally, companies such as Verizon and Comcast will be free to discriminate against certain content or boost their partner websites.

The bill will have a much harder time in the House, where Democrats would need 25 Republicans to cross the aisle in order to bring it up for a vote.

For their part, most Republicans argue that the net neutrality rules are unnecessary and onerous for broadband providers. The GOP has been urging Democrats to come to the negotiating table to work out a legislative replacement to the FCC rules, a move that is also backed by the broadband industry.

"I'm disappointed but not surprised that Democrats rejected my offer to write, consider, and amend legislation in a process open to ideas from both sides of the aisle," Sen. John Thune (R-S.D.) said in a statement. "Despite this vote, I remain committed to finding a path to bipartisan protections for the internet and stand ready to work with my colleagues on the other side of the aisle when they are ready as well."

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But net neutrality supporters reject the idea that a Republican-controlled Congress could come up with protections as strong as the FCC rules. Legislation offered by GOP members leaves open the possibility that internet providers could create "fast lanes" by charging websites for faster speeds.

Democrats and net neutrality supporters are also trying to fight the FCC's repeal order in court, though the legal battle is likely to drag on for months.

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