Sen. John Thune, new net neutrality convert

Sen. John Thune, new net neutrality convert

The date has swung so definitely in the direction of net neutrality that two key Republicans, Sen. John Thune (R-SD) and Rep. Fred Upton (R-MI), will introduce legislation to "prohibit blocking and throttling (the selective slowing of data), and also ensure that internet service providers could not charge a premium to prioritize content delivery." These two are key because they chair related committees in their respective chambers.

The two argue that the now likely decision by the Federal Communications Commission to use Title II of the Telecommunications Act to create a strong regulatory framework for broadband won't work because it is "a set of rules conceived in the Franklin D. Roosevelt era for public utilities," and "could result in billions of dollars in higher government fees and taxes on consumers’ monthly broadband bills." Yes, it conceivably could, but it doesn't have to because the FCC doesn't have to impose all of the regulations under Title II on broadband. The government fees and taxes that applied to telephones can be put aside for broadband, which is what net neutrality proponents have been pointing out all along. The Commission can use what's called "forbearance" to make sure that the regulations are applied appropriately.

On the other hand, the two make a valid point: a legislative fix would be less subject legal challenges and create less uncertainty, because the FCC will change with the next president, and the rules could change as well. However, implementation of strong net neutrality rules now would solidify the policy, making it harder to change in a few years. Additionally, bipartisan legislation on this one shouldn't be at all hard now that you've got prominent Republicans like Thune and Upton on board. It shouldn't be. But, and it's a big but, it will. Because Ted Cruz. The tea party is going to be the major barrier for any congressional action, as usual. They are a tiny, tiny minority in the net neutrality debate, but they loom awfully large in a Republican presidential primary.

But what's important for the time being here is that these two prominent Republicans have shifted positions on the issue. That means overwhelming public opinion—and overwhelming public response—is working. It makes it much easier for Tom Wheeler and the FCC commissioners to do the right thing by using Title II to protect net neutrality, and it will make it easier to keep net neutrality in the future.

Help out. Call or email the lobbying organizations who are fighting against you in Congress and with the FCC and tell them to back off.