The benefit of consideration of a Congressional Review Act resolution to nullify the FCC’s net neutrality order may be to rally opposition and send a broader signal to the commission, said a former congressional committee counsel. Incoming House Commerce Committee Chairman Fred Upton, R-Mich., and Senate Commerce Committee Ranking Member Kay Bailey Hutchison, R-Texas, said last week they may attempt to rebuke the FCC by introducing resolutions of disapproval under the Act (CD Dec 22 p5). The procedure has advantages over other lines of attack, but the likelihood of a presidential veto makes it a difficult road, current and former Hill aides said in interviews.

The benefit of consideration of a Congressional Review Act resolution to nullify the FCC’s net neutrality order may be to rally opposition and send a broader signal to the commission, said a former congressional committee counsel. Incoming House Commerce Committee Chairman Fred Upton, R-Mich., and Senate Commerce Committee Ranking Member Kay Bailey Hutchison, R-Texas, said last week they may attempt to rebuke the FCC by introducing resolutions of disapproval under the Act (WID Dec 22 p5). The procedure has advantages over other lines of attack, but the likelihood of a presidential veto makes it a difficult road, current and former Hill aides said in interviews.

Legal challenges of FCC net neutrality rules appear all but certain, but where they will come from remains unclear. Verizon is the leading candidate, industry and FCC officials said. Other industry players, including mid-sized wireline-only carriers, also could challenge. Public interest groups who lost their fight to get the commission to reclassify broadband transmission under Title II of the Communications Act also appear to be considering an appeal.

Legal challenges of FCC net neutrality rules appear all but certain, but where they will come from remains unclear. Verizon is the leading candidate, industry and FCC officials said. Other industry players, including mid-sized wireline-only carriers, also could challenge. Public interest groups who lost their fight to get the commission to reclassify broadband transmission under Title II of the Communications Act also appear to be considering an appeal.

The FCC on Tuesday approved net neutrality rules under Title I of the Communications Act, over scathing dissents by Commissioners Robert McDowell and Meredith Baker. Democrats Michael Copps and Mignon Clyburn also lobbed criticisms at the rules, saying they do not go far enough. The vote, after weeks of negotiations and months of build-up, was anticlimactic, since Copps and Clyburn had announced Monday they would not oppose the order (CD Dec 21 p1).

The FCC on Tuesday approved net neutrality rules under Title I of the Communications Act, over scathing dissents by Commissioners Robert McDowell and Meredith Baker. Democrats Michael Copps and Mignon Clyburn also lobbed criticisms at the rules, saying they do not go far enough. The vote, after weeks of negotiations and months of build-up, was anticlimactic, since Copps and Clyburn had announced Monday they would not oppose the order.

The FCC on Tuesday approved net neutrality rules under Title I of the Communications Act, over scathing dissents by Republican Commissioners Robert McDowell and Meredith Baker. Democrats Michael Copps and Mignon Clyburn also lobbed criticisms at the rules, saying they do not go far enough. The vote, after weeks of negotiations and months of build-up, was anticlimactic, since Copps and Clyburn had announced Monday they would not oppose the order.

The posting of about 3,000 pages of documents in the FCC net neutrality docket, days before a vote on an order set for Tuesday, is unusual and not a good practice for any agency, said administrative law professors and former commissioners not involved in the policy debate. The Wireline Bureau posted about 2,000 pages Dec. 10 and 1,000 more Tuesday. The documents contain information that was publicly available, but not all of it had been filed in docket 09-191.

The posting of about 3,000 pages of documents in the FCC net neutrality docket, days before a vote on an order set for Tuesday, is unusual and not a good practice for any agency, said administrative law professors and former commissioners not involved in the policy debate. The Wireline Bureau posted about 2,000 pages Dec. 10 (CD Dec 11 p1) and 1,000 more Tuesday (CD Dec 15 p8). The documents contain information that was publicly available, but not all of it had been filed in docket 09-191.

FCC approval of net neutrality rules at Tuesday’s meeting is not a done deal, commission officials acknowledged this week. There remains a “distinct possibility” that the order could “blow up,” a source said. Meanwhile, Rep. Mike Rogers, R-Mich., a member of the Commerce Committee, asked the FCC commissioners to cancel their scheduled vote and respond to his office by noon Friday. In an unusual step, Rogers had the letter hand-delivered to each commissioner’s office Thursday.