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Sen. John Thune (R-S.D.) this week called out the FCC, saying its recently passed net neutrality rules have "the exact opposite" effect on protecting an open Internet.

The Federal Communications Commission last month voted 3-2 in favor of reclassifying the Web as a Title II telecom service— "the strongest open Internet protections ever proposed," according to Chairman Tom Wheeler.

It was also "one of the most significant and most controversial decisions in the agency's history," Senate Commerce Committee Chairman Thune said during an oversight hearing on Wednesday.

"Rather than exercising regulatory humility, the three majority commissioners chose to take the most radical, polarizing, and partisan path possible," he said, scolding Wheeler and commissioners Jessica Rosenworcel and Mignon Clyburn.

"Instead of working with me and my colleagues in the House and Senate on a bipartisan basis, to find a consensus, the three of you chose an option that I believe will only increase political, regulatory, and legal uncertainty, which will ultimately hurt average Internet users," Thune continued. "Simply put, your actions jeopardize the open Internet that we are all seeking to protect."

The FCC's 2010 net neutrality rules were struck down by a court last year. Reclassification of the Web as a Title II service is seen by opponents of net neutrality as a way around that court decision. Wheeler has said he intends to take a "modern approach" to regulating the Internet, promising no rate regulations, tariffs, or last-mile unbundling.

But ISPs, wireless carriers, and Republican members of Congress are not convinced.

Thune co-authored a bill that would limit the FCC's ability to reclassify broadband as a telecom service, as well as prohibit blocking content and throttling data. And while the senator admits the draft legislation "is not perfect," he is ultimately hoping for bipartisan support.

President Obama, a Title II supporter, is unlikely to sign such a measure to limit the FCC's power—a move most Democrats similarly oppose. Sen. Bill Nelson (D-Fla.), however, thinks he may be able to bridge the gap between the two parties.

The Commerce Committee's top Democrat told the Los Angeles Times he is willing to work with Republicans on net neutrality legislation, as long as it doesn't undermine the new rules.

"I remain open to a truly bipartisan congressional action provided that such action fully protects consumers, does not undercut the FCC's role and leaves the agency with flexible, forward-looking authority to respond to the changes in this dynamic broadband marketplace," Nelson said.

The Federal Communications Commission did not immediately respond to PCMag's request for comment.

Legal Backlash Looming?

Thune isn't the agency's only critic. AT&T chief Randall Stephenson last month pushed back against the FCC's net neutrality plan, going as far as threatening a lawsuit.

Such legal rumblings seem to be growing louder. Reuters reported Thursday that trade groups like CTIA-The Wireless Association, the National Cable and Telecommunications Association, and USTelecom have plans to file lawsuits as well.

Still, Wheeler has strongly defended the agency's decision, telling attendees of Barcelona's Mobile World Congress a few weeks ago that the FCC will serve as the Internet's referee.

"Let's be real clear," he said. "This is no more regulating the Internet than the First Amendment regulates free speech in our country."

For more, see 7 Groups Who Love, Hate (and Really Hate) the FCC's Net Neutrality Plan in the slideshow above.