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Net Neutrality Stay Denial Divides Lawmakers, Prompts Calls for Legislation

Lawmakers were divided along partisan lines about Thursday's denial of industry’s request for a stay of the FCC net neutrality order by the U.S. Court of Appeals for the D.C. Circuit (see 1506110048), with Democrats especially pleased. Several lawmakers used…

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the occasion to underscore their desire for bipartisan legislation. “This decision underscores the need for Congress to find a bipartisan legislative solution to protect, preserve, and promote the free and open Internet,” said Senate Commerce Committee Chairman John Thune, R-S.D. “Edge companies, broadband providers, and Internet users alike all need clear rules of the digital road so they can continue to innovate, invest, and use the Internet with confidence. Only Congress, on a bipartisan basis, can provide that legal certainty.” During court review, “I remain committed to finding true bipartisan consensus to take the important protections the FCC put into place and provide the certainty that only legislation can provide,” agreed Senate Commerce Committee ranking member Bill Nelson, D-Fla. “That legislation, though, must fully protect consumers, preserve the FCC’s role, and leave the agency with flexible, forward-looking authority.” The two primary lawmakers who tell us they're negotiating a compromise are Thune and Nelson (see 1506040046), with negotiations stalled in the House. Due to the ongoing litigation, “I remain open to trying to reach common ground in Congress on a way to enshrine the critical net neutrality protections adopted by the FCC in statute,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, who said he’s privy to the Thune/Nelson negotiations. House Republicans called legislation “not only possible, but preferable.” The FCC rules implementation puts “our online future at risk," said House Commerce Committee Chairman Fred Upton, R-Mich., Communications Subcommittee Chairman Greg Walden, R-Ore., and Subcommittee Vice Chairman Bob Latta, R-Ohio, in a joint statement. “Unfortunately, we are now in for a long, unnecessary wait while the courts determine if the commission was out of bounds.” House Commerce Committee ranking member Frank Pallone, D-N.J., is “pleased” with the decision and lauded the importance of protections. Pallone didn't mention legislation, as he occasionally has in the past. The decision is “a critical validation that the new rules to protect an open Internet are grounded in strong legal footing and can endure future challenges by broadband providers,” said House Communications Subcommittee ranking member Anna Eshoo, D-Calif. Sen. Ed Markey, D-Mass., declared “the Internet is open for business for everyone”; Sen. Maria Cantwell, D-Wash., called the decision “a significant step forward” in defending strong, permanent rules; Rep. Doris Matsui, D-Calif., said the ruling is “a victory for the Internet”; and Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., tweeted that the ruling is “another victory” for net neutrality. Rep. Darrell Issa, R-Calif., lamented the rules taking effect: “R.I.P. internet as we knew you,” Issa tweeted Friday. “You'll be missed.”