Dem memo: Net neutrality repeal would tie the FCC's hands

A proposal from House Republicans to repeal net neutrality could tie the hands of the Federal Communications Commission (FCC) and prevent the agency from reissuing Internet line rules, which have been broadly accepted, House Democrats said in a memo obtained by The Hill. 

The memo says that the Republican plan to roll back the rules through the Congressional Review Act (CRA) could create "uncertainty" about the FCC's role. 

The memo prepares Energy and Commerce staffers for Wednesday's markup of a resolution of disapproval against net neutrality rules. The resolution was introduced by committee Republicans. 

The Democratic memo points out that if the House votes to disapprove of net neutrality rules, the regulations may not be reissued except by legislation, according to the Congressional Review Act. 

In the Democrats' view, this means the resolution would "introduce significant uncertainty regarding the role of the FCC, even where there is general agreement on the need for FCC action." 

The memo objects to CRA repeal of net neutrality rules because there is "broad agreement on certain aspects of the FCC’s rules, such as the need for transparency, the prohibition on blocking of lawful content, and the right to exercise reasonable network management."

The repeal, however, "would bluntly remove the FCC’s authority to enforce even these consensus measures," the Democrats argue. 

The CRA can be used to remove recently-passed regulations through simple majorities in both chambers, but President Obama still has veto power, and analysts say he is likely to use it to uphold net neutrality rules, which he supported during his campaign. 

The topic bitterly divides the House Communications subcommittee, with ranking member Rep. Anne Eshoo (D-Calif.) strongly defending the rules even as Chairman Greg Walden (R-Ore.) moves forward with the repeal procedure. 

Speaker John Boehner on Sunday expressed strong opposition to net neutrality rules. "The last thing we need, in my view, is the FCC serving as Internet traffic controller," he said. 

Republicans attached a rider to their initial spending bill that would defund net neutrality. Walden held a hearing featuring all four FCC commissioners and the chairman, where House Republicans blasted the FCC's Democrats for what they see as "regulating the Internet." 

The mark-up will be held at 9:30 a.m. at 2123 Rayburn House Office Building.