Should Net Neutrality be Reinstated? (S. Joint Res. 52)

What is S. Joint Res. 52?

(Updated January 22, 2022)

This resolution would repeal the Federal Communications Commission’s “Restoring Internet Freedom” rule — which rolled back the Obama era Open Internet Order — and effectively reinstate net neutrality. The Restoring Internet Freedom rule was finalized on February 22, 2018 and Congress has the authority to overturn it within 60 legislative days with simple majority votes in both chambers along with the president’s signature under the Congressional Review Act.

Argument in favor

Congress should restore a free and open internet by reinstating net neutrality and ensuring ISPs can’t block or throttle content or create “fast lanes”. The FCC’s rollback of net neutrality was bad for internet users.

Argument opposed

Rather than continuing the regulatory back-and-forth of repealing the current rules and going back to the recently replaced net neutrality regulations, Congress should take action on a permanent solution.

Impact

Internet consumers; ISPs; and federal regulators.

Cost of S. Joint Res. 52

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Ed Markey (D-MA) introduced this bill to restore the net neutrality rules on internet service providers (ISPs) imposed by the Obama era Open Internet Order:

“President Trump and FCC Chairman Ajit Pai might want to end the internet as we know it, but we won’t agonize, we will organize. The grassroots movement to reinstate net neutrality is growing by the day, and we will get that one more vote needed to pass my CRA resolution. I urge my Republicans colleagues to join the overwhelming majority of Americans who support a free and open internet. The internet is for all — the students, teachers, innovators, hard-working families, small businesses, and activists, not just Verizon, Charter, AT&T, and Comcast and corporate interests.”

Senate Republicans have expressed opposition to this resolution, with the Republican Policy Committee writing:

“The fitful history of the FCC’s attempts to impose net neutrality regulations supports Commerce Committee Chairman John Thune’s recognition that “Congressional action is the only way to solve the endless back and forth on net neutrality rules that we’ve seen over the past several years.” The resolution of disapproval would do the opposite by forcing the issue back into regulatory and litigation chaos.”

This legislation has the support of 48 cosponsors in the Senate, all of whom are Democrats, and Sen. Susan Collins (R-ME) has said she’ll support it. That leaves the resolution with 50 supporters, one vote shy of the majority needed.

Media:

• Sponsoring Sen. Ed Markey (D-MA) Press Release
  
• Republican Policy Committee (Opposed)