E & C Dems Seek Delay In Net Neutrality Resolution Markup

Letter to Chairmen urges legislative meeting

By John Eggerton -- Broadcasting & Cable, 3/1/2011 4:26:12 PM

Top Democrats on the House Energy & Commerce Committee have asked for a hearing on the Republican-backed resolution to block the FCC's network neutrality rules before it is marked up in the Communications Subcommittee. That markup has been scheduled for Wednesday, March 3.

In a letter to Committee Chairman Fred Upton (R-Mich.) and Communications Subcommittee Chairman Greg Walden (R-Ore.), ranking member Henry Waxman (D-Calif.) and subcommittee ranking member Anna Eshoo (D-Calif.) suggested the committee was making a "serious mistake" by departing from the regular routine of first holding a legislative hearing on the resolution before marking it up. Marking up is the process of adding or defeating amendments and voting on the resulting version of the bill in committee or subcommittee.

"You apparently believe that disapproving the FCC regulation will promote economic growth.  There are, however, many fast-growing companies that take a different position and believe approval of the disapproval resolution would be a serious threat to our economy. Members should have the opportunity to hear their perspective before voting on the resolution."

Earlier in the day, Upton told a crowd of broadcasters gathered for a conference that the bill would be marked up--and approved--Wednesday and could get a vote on the floor by the end of the month.

"We are not aware of any time constraints or deadlines that require us to act tomorrow.  The FCC's rules will not go into effect for some time, giving us plenty of opportunity to hear views that have been excluded from the process." While the rules were approved Dec. 21, portions of them must be vetted by OMB per the Paperwork Reduction Act, which will put off their effective date until midsummer at the earliest.

"Accordingly, we urge you to convene a legislative hearing before we markup this legislation."