Early congressional reaction to the FCC's new plan to rein in broadband providers might foretell of the political difficulties that await the agency if the issue ever ends up on Capitol Hill.

Lawmakers seemed to split Thursday largely on party lines, with Democrats praising the FCC for its plan to impose new rules on broadband companies like Comcast, Verizon and AT&T, and Republicans criticizing the agency for reaching beyond its congressional mandate.

While FCC Chairman Julius Genachowski's plans would not require initial approval from members of Congress,  legal challenges to the commission's attempts to expand broadband use and institute net neutrality rules could require Congress to take action.

The resulting fight could put lawmakers in the politically tenuous position of choosing winners and losers in what is widely considered an incredibly volatile tech debate.

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"Under this job-killing big government scheme, the Obama administration is seeking to expand the power," the House GOP leader said.

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Commissioners Robert McDowell and Meredith Baker said that proposal "is disappointing and deeply concerns us."

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Sen. Jon Tester (D-Mont.) introduced the Senate companion piece Thursday to transparency legislation already offered in the House.

Tester introduced the Public Online Information Act, which would require the executive branch to post all of its public information online in a timely, user-friendly format. Tester told reporters that all too often, important documents gather dust in government warehouses and filing cabinets, instead of being shared with the public.

“They may be public but you have to sift them through themselves or wait for ages for copies of your own. We all know that’s not real transparency,” Tester said.

Tester’s bill follows the introduction of similar legislation in the House by Rep. Steve Israel (D-N.Y.) this March. The bill would get reams of information up online, such as administration officials’ financial disclosure forms as well as travel documents for trips paid for by interests outside the government.

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The FCC will try to regain its grip on broadband by applying rules that govern phone companies and Internet providers.

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Sen. John Kerry (D-Mass.) on Wednesday heralded the FCC's plans to rein in broadband providers and pursue tough net neutrality rules as a "real leadership moment" for the commission.

Shortly after news broke that FCC Chairman Julius Genachowski planned to use his agency's rule-making authority to resume regulating broadband, an authority a federal court stripped from the commission in March, Kerry praised the FCC chief for taking reasonable steps to protect consumers and competition.

"In the wake of the Comcast decision, Chairman Genachowski was put in a difficult position and was presented a false choice between no regulation of broadband services and excessive regulation," Kerry said. "He has chosen to a measured middle path and I support it."

The FCC's new approach would apply only select portions of current rules that govern phone companies to broadband providers like Verizon and Comcast. The move begins the process of reversing a federal court order issued earlier this year that essentially left the commission only minimal power to regulate broadband.

The FCC's move, however, is sure to infuriate the broadband companies, which have long excoriated that approach and sometimes threatened legal action in response. But Kerry stressed late Wednesday that the FCC's decision was actually "a moderate, pragmatic step necessary to ensure that the FCC can keep faith with its core mission."

Kerry later promised to spearhead legislation that would grant the agency additional authority to implement portions of its National Broadband Plan -- a broadband agenda it introduced earlier this year that only until this week seemed jeopardized by the federal court decision in Comcast's favor.

"I also remain open to working with colleagues, the Commission, and interested parties on legislation necessary to fully implement the National Broadband Plan and encourage continued innovation and investment in the sector,” Kerry said.

What we're following on the morning of Thursday, May 6...

More details to come today, next week about the FCC's plans to regulate broadband providers and instate tough net neutrality rules. A "notice of proposed rulemaking" could even go out next week, some say, beginning a process that telecommunications groups are widely expected to challenge aggressively in court.

FROM YESTERDAY: FCC to take next step in net neutrality fight (Hillicon Valley) -- The FCC will announce on Thursday that it still plans to pursue tough net neutrality rules, opening a new front in an ongoing legal battle that could come to define the commission under Chairman Julius Genachowski. ... A senior FCC official said Wednesday that the chairman "will seek to restore the status quo as it existed" before a federal court stripped the commission of the authority to regulate broadband providers and set rules that mandate open Internet. 

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TOP STORIES TODAY ON HILLICON VALLEY:
FCC to make a move on net neutrality Thursday - The Hill
Rockefeller, Waxman ask FCC to consider reclassification - The Hill
Google-AdMob deal not competitive, company says - The Hill
Industry leaders, lawmakers look at ECPA upgrade - The Hill

AROUND THE TECH BLOGOSPHERE:
The future of net neutrality legislation - Nancy Scola, techPresident
Conyers: Patent talks appear stalled - Juliana Gruenwald, Tech Daily Dose
Netroots groups flood White House on net neutrality - Cecilia Kang, Post Tech
Is there really a cyberwar? Term may be misused - Jordan Robertson, AP
Liberal groups worry about FCC on net neutrality - Declan McCullaugh, CNet

The FCC will announce on Thursday it plans to pursue a "third way" forward in the fight for tough rules.

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