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Republicans Against Regulation

DeMint Doubts Democrats Will Support Resolution Against Net Neutrality Order

Sen. Jim DeMint, R-S.C., is “not optimistic” Democratic senators will support Republicans’ Congressional Review Act effort to kill FCC net neutrality rules, the ranking member of the Communications Subcommittee said Wednesday. Until the election, DeMint hopes to “minimize the damage” of the Democratic-controlled Senate and executive branch, he said. In other speeches also at a Free State Foundation event, Reps. Marsha Blackburn, R-Tenn., and Cliff Stearns, R-Fla., also railed against regulation. Stearns supported the FCC effort to revamp the Universal Service Fund, but said Congress should take the next steps of revamping USF contribution rules and updating the 1996 Telecom Act.

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DeMint thinks few Democrats will support the Senate’s joint resolution of disapproval (SJ Res 6), of which DeMint is a cosponsor. With 47 Republicans in the Senate, the GOP needs at least four Democrats or Independents to support the resolution for it to pass. After that, Republicans need to muster a two-thirds majority to overcome the veto threatened by President Barack Obama. “I'm not optimistic we're going to get Democrats to help us,” DeMint said. “They are all about central control. … There may be a few that talk a good game, but when it comes to voting, they're not there.” Republicans will “continue to try and convince” Democrats, said DeMint, saying support might come from Democrats up for election in conservative states.

The “fight of the century” in Congress will be between those who want government-managed competition and those who seek free-market competition, said DeMint, emphasizing he’s in the latter camp. The market is best suited to address consumer needs, DeMint said. For example, DeMint said an “a la carte” mandate for video sought by some is unnecessary because the market is already giving consumers choices through video streaming services. DeMint disagrees with committee colleagues and the administration who DeMint said see telecom as a government utility. “The FCC is clearly a threat” to the free market, DeMint said, saying he hopes to “shame” the commission into stopping to make new regulations.

Stearns is trying to rein in regulation and improve operations at the FCC, said the House Commerce Oversight Subcommittee chairman. He’s said he’s working with Communications Subcommittee Chairman Greg Walden, R-Ore., on a report about the backlog of applications at the FCC and it should be released “in the next couple of weeks.” Stearns plans to introduce a bill to give FCC members authority to add engineers to their staffs, and wants to see it included in Walden’s FCC reform package, Stearns said. Stearns has “contemplated legislation” to require the FCC and other independent agencies to review and then reduce or eliminate old regulations, he said.

Every regulation is an “obstacle” for job creators, Blackburn said. Government’s default position seems to be to “regulate now and then think about it later,” when it should be to “do no harm,” she said. The FCC’s net neutrality order “was a hyper-reactive example of what happens when government creates a problem and then invents a solution that they think will someday fix it.” Blackburn complained that the net neutrality order came out just days before Christmas and now will become effective a few days before Thanksgiving. “The FCC is operating on some kind of turkey time,” she said. “They thought that this was going to be a Christmas gift to all of us last year, and this year they want us to thank them for their protections."

Stearns said he’s pleased the FCC is moving forward on USF and intercarrier compensation reform this month. But the commission’s “work is far from over,” and the agency must turn quickly to the USF contribution mechanism, he said. Stearns would rather Congress address the contribution topic instead of the FCC, he said. While a complex issue, addressing contribution is the responsibility of Congress, Stearns said. “It should really be part of the whole package” under development by the Joint Select Committee on Deficit Reduction, he added. Technological convergence has necessitated an update of the Telecom Act, Stearns said. That could include USF and provisions to release more spectrum, he said.

DeMint expects Congress will authorize spectrum auctions because “we're in such dire financial straits as a country” and selling spectrum is a good “pay-for” to raise revenue for the government. “I think you'll see some sold, particularly after the next election,” he said. DeMint doesn’t want to see “strings attached” to auctions, he said: “If we're going to sell it,” buyers should be free to use it as they choose.