Nelson Criticizes FCC Handling of Fake Net Neutrality Comments

Senate Commerce Committee ranking member Bill Nelson, D-Fla., helped begin the 2018 Senate session Wednesday by criticizing the FCC's “flawed” rulemaking process that led to commissioners' 3-2 vote last month to rescind 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service. Sen. Ed Markey, D-Mass., said Tuesday he has almost enough support from colleagues to clear a procedural hurdle to allow a Senate vote on his planned Congressional Review Act resolution to undo the repeal. Markey and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are expected to file the resolution once the order is promulgated (see 1712110050, 1712120037 and 1712140044). It could be released within days (see 1801030040).

“The public has no ambiguity” in its opinion in favor of the past rules, Nelson said, citing a December University of Maryland Program for Public Consultation poll that found 83 percent opposed repeal (see 1712130053). The FCC by contrast relied upon the 24 million comments in docket 17-108, including 2 million that "featured stolen identities" and 500,000 “from Russian [IP] addresses,” Nelson said. ”Isn't this beginning to tell us something? We know there was Russian interference” in the 2016 presidential election. He said Russia has shown it intends to influence U.S. government “operations at the microscopic level of influencing the development of rules to carry out laws, in this case a rule that the American people feel quite strongly about.”

Nelson noted the calls by 18 states' attorneys general for a delay of the FCC's vote because of the prevalence of fake comments. “I'm going to continue to raise this issue over and over” because “this is our democracy,” he said: “We have to have the ability to operate in good faith that information that we are getting is accurate. And when we see this kind of evidence, we know there is a flaw in the system. And that flaw might actually have its source” in Russian President Vladimir Putin. The FCC didn't comment.

Sen. Kamala Harris, D-Calif., signed on Tuesday as a co-sponsor for Markey's planned CRA resolution, meaning the measure has the support of 29 senators, just below the minimum of 30 needed to sign a petition to discharge Senate Commerce from its jurisdiction over the legislation. “We’re not stopping until we #SaveNetNeutrality,” Markey tweeted. The resolution, once introduced, would still be assigned to the committee of jurisdiction, but senators can seek the discharge petition 20 days after filing. Minority Leader Chuck Schumer, D-N.Y., vowed to “force” a Senate vote on the resolution, which would still require 51 votes to pass. The CRA resolution faces longer odds against passage in the House (see 1712150049).

Nelson still believes Congress will now “need to have a legislative solution” to resolve the issue. “In the meantime, chaos is thrown upon the system” ahead of expected legal challenges to the FCC's rescission order, he said on the Senate floor.