The Internet Distinction

(Original at Broadband Breakfast)

By Jonathan Charnitski, Managing Editor, BroadbandBreakfast.com

WASHINGTON, April 5, 2011 – The House of Representatives is anticipated to hold a floor debate and vote this week on a measure that would put the kibosh on net neutrality rules passed by the Federal Communications Commission late last year, but the White House has said that it would likely veto such a measure should it come across the President’s desk.

House Joint Resolution 37, which is a Resolution of Disapproval, states simply that Congress disapproves of the Open Internet Order issued by the Commission late last year and that the rules shall have no effect.

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Energy and Commerce Republicans have closed ranks on the issue and rallied around the assertion that the Order creates uncertainty and disincentives for companies to invest in the Internet economy. Rep. Walden, however, appeared uncharacteristically on his heels when defending that point during questioning by Rep. Jared Polis (D-CO) at Monday’s hearing.

While Rep. Walden has frequently used the failure of the FCC to conduct a market study to justify its net neutrality rules as evidence that the action is economically unfounded, he seemed unable to offer a response when Rep. Polis presented independent market analyses indicating that the Order created more certainty – not less – in the marketplace.  Instead, Rep. Walden deferred back to ambiguities in the FCC’s grant of authority under the Telecommunications Act to regulate the Internet.

[. . .]

Moreover, the administration, which has long supported net neutrality, has indicated that it “strongly opposes” the measure and that it faces a veto should it reach President Barack Obama’s desk.

“Disapproval of the rule would threaten those values and raise questions as to whether innovation on the Internet will be allowed to flourish, consumers will be protected from abuses, and the democratic spirit of the Internet will remain intact,” said the administration though the statement.  “If the President is presented with a Resolution of Disapproval that would not safeguard the free and open Internet, his senior advisers would recommend that he veto the Resolution.”

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