Net Neutrality Markup Scheduled For March 9

Amendments mayl be allowed, according to markup notice

By John Eggerton -- Broadcasting & Cable, 3/7/2011 11:58:10 AM

Not looking to waste any time, House Energy & Commerce Committee Republican leaders have scheduled a March 9 markup of their resolution (H.J. Res. 37) blocking the FCC's network neutrality rules. It will immediately follow a legislative hearing on the substance of the resolution scheduled for the same day.

Marking up a bill consists of amending and voting on the bill in committee.

Democrats last week had asked that the markup be postponed so the legislative hearing could be held. Republicans agreed, but have now said the postponement will only be a few hours.

Democrats had also complained in a letter Monday that Republican leaders were not allowing any amendments on the resolution, but according to a markup notice from the committee, amendments will indeed be allowed up to two hours before they are offered in the markup.

But whether they will be vote on could be another matter. In a Majority briefing paper on the resolution, and an e-mail sent around Monday, Reppublicans point out that a resolution is not subject to amendment. In addition to saying amendments will be "accepted," the markup notice also solilcits comment on whether those amendments are germane.

There will be three staff briefings on the bill March 8, a bipartisan staff briefing followed by separate Republican and Democrat briefings.

Currently, the resolution is about as short as bills get. It reads simply: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that Congress disapproves the rule submitted by the Federal Communications Commission relating to the matter of preserving the open Internet and broadband industry practices [regulatory citation omitted], and such rule shall have no force or effect."

The rules if they survive don't go into effect until midsummer at the earliest anyway thanks to procedural hurdles having to do with the Paperwork Reduction Act.