Republicans have always insisted that the federal government keep its hands off the Internet.

But the FCC’s landmark vote Thursday to create net neutrality rules has left Republicans with a split over what to do next, with some conservatives wanting to use every tactic to fight the FCC, and more establishment GOP lawmakers trying to get Democrats to agree to an alternative, weaker set of rules.


Some House Republicans want to follow the same course they did back in 2011, after the FCC adopted its previous open Internet plan, and officially condemn the agency’s decision with a resolution of disapproval. Many conservatives oppose the very idea of net neutrality rules to ensure all Web traffic is treated equally, calling it government interference in the private sector.

But the party’s telecom leaders are trying to convince centrist Democrats to cooperate on net neutrality legislation they say represents a more acceptable and less heavy-handed approach than what the FCC has adopted. That’s made them hesitant to take part in a scorched-earth response to the agency’s rules — a move that would inflame partisan tensions.

“If we think that there’s any hope of trying to get a legislative solution that would present what we believe is a much better alternative to what the FCC is doing, we want to keep that door open,” Senate Commerce Committee Chairman John Thune (R-S.D.) said this week. “Right now, it’s just a function of playing this out and seeing if there are any Dems that are willing to play ball, and then we’ll go to plan B. But right now, plan A is still legislating on this.”

Republicans in Congress are united in opposing FCC Chairman Tom Wheeler’s rules, which would tighten regulation of broadband and treat it like a utility. The division in the GOP comes down to tactics in responding to the agency’s order.

The resolution of disapproval is an obscure legislative procedure that allows Congress to override action by an executive agency. When the House passed one in response to the FCC’s earlier net neutrality order four years ago, the effort didn’t go very far, because the then-Democratic Senate declined to follow suit. A federal appeals court later overturned the FCC’s rules in a lawsuit brought by Verizon.

Now that the FCC has passed an even stronger net neutrality plan, some conservatives say the resolution is an obvious choice to register their opposition.

“We’ll use every possible option that we have to push back,” said Rep. Marsha Blackburn (R-Tenn.), who said she supports a resolution of disapproval. Rep. Blake Farenthold (R-Texas) said he also backs such a response, calling the FCC’s utility-style regulation of broadband “a perfect example of government overreach.”

Rep. Doug Collins (R-Ga.) said he’s looking at introducing a resolution “as soon as it is ready and viable.” Collins, or any lawmaker, would have to wait until the FCC officially submits the new rules to Congress before introducing the measure.

But as the idea of net neutrality has become more palatable to moderate Republicans, some GOP lawmakers say they’re trying to figure out a way to institute “light touch” Internet protections.

“I’d rather have the productive discussions about how to get it right and how to legislate it,” said Rep. Greg Walden (R-Ore.), chairman of the House telecom subcommittee. “I’m sort of focused on that.”

Walden and Thune, along with House Energy and Commerce Chairman Fred Upton (R-Mich.), have been drafting legislation aimed at creating net neutrality protections while limiting the FCC’s authority to regulate broadband.

So far, they’ve had trouble attracting Democrats to their cause, but they’ve kept at it, telling the opposing party that an act of Congress will provide stronger protections — and be less vulnerable to litigation — than the FCC’s rules.

Asked about a resolution of disapproval, Upton said Wednesday he isn’t preparing one “at the moment.” When asked why, he shouted “bipartisan support” before disappearing onto the House floor.

Any resolution would be entirely symbolic. President Barack Obama, who is firmly behind Wheeler on net neutrality, would likely veto it. If such a measure passed, it would likely languish — just like it did in 2011 — because Republicans would be hard pressed to get two-thirds of Congress to override an expected veto.

In the meantime, Republicans are finding other ways to needle Wheeler, a Democrat and Obama nominee.

House Oversight Committee Chairman Jason Chaffetz (R-Utah) and Senate Homeland Security and Governmental Affairs Chairman Ron Johnson (R-Wis.) have each launched investigations into the White House’s involvement in the net neutrality plan — looking for signs that Obama and his aides unduly influenced the deliberations of the independent executive agency.

The issue has also garnered the attention of House Speaker John Boehner and Senate Majority Leader Mitch McConnell, who don’t normally make a habit of wading into telecom issues. Both blasted Wheeler’s rules Thursday, with Boehner calling it a “secret plan to put the federal government in charge of the Internet.” Neither statement, however, indicated whether they would support an official condemnation of the FCC.