Sen. Majority Leader Mitch McConnell (R-Ky.) said that this week the Senate "will begin a process" of bringing the priority of reviewing and potentially revising Sec. 230 "into focus."

That came in his opening remarks on the Senate floor Tuesday (Dec. 29) as the Senate prepared to vote Wednesday to override the President's veto of the National Defense Authorization Act (NDAA), in part over its lack of amendments related to website providers' Sec. 230 immunity from civil liability over their moderation of third-party content.

Also Read: Trump Says Sec. 230 Is Election Security Threat

The President delayed signing the COVID-19 aid bill and omnibus government funding bill until the weekend, and suggested he had decided to sign them then in part because "Congress has promised that Section 230, which so unfairly benefits Big Tech at the expense of the American people, will be reviewed and either be terminated or substantially reformed," he said in a statement after signing the bills, adding: "Big Tech must not get protections of Section 230!"

McConnell applauded the President's signature on those bills as well as his highlighting of the Sec. 230 issue as one of "national significance" that he [Trump] would like to see Congress tackle. McConnell said there was support on both sides of the aisle for "at least" reexamining the [Sec. 230] immunity," including the ways it benefits some of the most prosperous, most powerful, Big Tech firms."

Also Read: McConnell Moving on Simington Nomination

Since both Democrats and Republicans support such a review, though disagree over why that is necessary and what should happen next, McConnell was not breaking any new ground in beginning a process to bring the issue into focus. 

Republicans who otherwise support the President took to the floor to say that Sec. 230 was a separate issue that deserved attention but did not belong on the NDAA and his veto should be overridden.

Sen. John Cornyn (R-Tex.) said the power of social media platforms to censor speech is "troubling indeed." He said that with media outlets and other alternatives fading away, more people are relying on Facebook and Google and other internet platforms to get their information." He said they have become de facto public forums and deserve the scrutiny the President wants them to get.

According to multiple reports, Sen. Majority Leader Mitch McConnell (R-Ky.) has filed a cloture motion to end debate on the nomination of Republican Nathan Simington for a seat on the FCC being vacated by Michael O'Rielly.

A confirmation vote on the nomination, and Simington's swearing-in, could happen as early as next week.

O'Rielly's office said he plans to stay on the job until Simington is sworn in. The FCC has its monthly meeting next week (Dec. 10). O'Reilly can serve until the new Congress is seated or his replacement is sworn in.

Related: Divided Senate Commerce Approves Simington Nomination for Senate Vote

On the news that McConnell was moving on the nomination as soon as next week, America's Public Television Stations wanted to make sure it gave O'Rielly a shout-out before he left.

APTS President Patrick Butler congratulated O'Rielly on an "extraordinarily successful" tenure on the commission.

“We have been fortunate to work closely with Commissioner O’Rielly on issues ranging from ATSC 3.0 Next Gen TV services to educational children’s programming to public safety datacasting uses in America. We were honored to have Commissioner O’Rielly join us at our 2020 Public Media Summit this year, sharing his insights and expertise with hundreds of public television station leaders from across the country.

“Commissioner O’Rielly has been a strong supporter of public television and recognizes the value of our stations’ services to their communities, including the very rural areas that our stations reach with coverage of nearly 97 percent of our country’s population...."

The Republican Conference has elected its leadership for the next Congress, and Sen. Mitch McConnell (R-Ky.) has been re-installed as Republican leader. That title was formerly either "majority" or "minority leader," but that has changed and this year that chance is particularly appropriate since it is unclear which one McConnell will be. 

While President Trump lost, it was far closer than predicted, while in Congress Republicans may hold on to the Senate after predictions it would flip to Democrats--two Georgia run-offs will determine whether Republicans maintain a majority or whether it is a 50/50 split with Democratic Vice President Kamala Harris able to cast a tie-breaking vote. In the House, the Democrats predictions of picking up a dozen or more seats evaporated, with Republicans actually picking up seats, though with Dems still in control.

Former Senate Commerce Committee chairman John Thune (R-S.D.) was elected Republican whip. The "whip" is charged with helping the speaker corral votes for legislative proposals.

Sen. John Barrasso (R-Wyo.) was elected Conference chairman; Roy Blunt will be chairman of the Policy Committee; Joni Ernst (R-Iowa) will be conference vice chairman; and Rick Scott (R-Fla.) will be chairman of the National Republican Senatorial Committee.

As expected, Senate Democrats will push Tuesday (June 11) for a Senate floor vote on the House-passed Save the Internet Act, which would reregulate internet access. 

That will come on the first anniversary of the effective date of the current FCC's deregulatory Restoring Internet Freedom order, which eliminated rules against blocking, throttling and paid prioritization, plus a general conduct standard to get at ISP conduct not covered by those rules.  

Given that the Senate calendar is controlled by Republican Majority Leader Mitch McConnell (R-Ky.), the push is more likely an effort to make a point on that anniversary than to make legislation. 

The plan is for Sens. Maria Cantwell (D-Wash.), Ed Markey (D-Mass.), and Ron Wyden (D-Ore.) to make that Senate floor call for a vote at about 11:30 a.m. 

Elsewhere, net neutrality activists plan to deliver a petition to McConnell's office Tuesday urging him to hold the vote. 

Legislators were familiarly split along party lines by the FCC's vote Thursday to launch a rulemaking to roll back classification of ISPs as common carriers subject to access and, at least potentially, rate regs.

Democrats had been pushing back hard against the vote, saying it should be delayed or abandoned, while Republicans have praised Republican FCC chair Ajit Pai for wanting to review the 2015 Open Internet rules and reverse Title II.

The issue may wind up in Congress anyway, where Pai has said he would be glad to get some regulatory clarity about the FCC's broadband regulatory authority. But in the meantime the legislators weighed in on the FCC's much-heralded--and raspberried--move.

Related: Time for Congress to Act on Net Neutrality (MCN Guest Blog)

Sen. Majority Leader Mitch McConnell (R-Ky.) took to the Senate floor Thursday morning (May 18) to praise the vote.

He said the wonders of the Internet did not grow out of regulation and bureaucracy, but of a "bipartisan consensus" that there should be a "light regulatory touch."

He said that changed under the Obama Administration, when the 'net was regulated under "antiquated" "rotary phone" regs.

"We finally have an FCC chairman who recognizes that we live in an entirely new era," he said, pointing to Thursday's vote and including Republican Commissioner Michael O'Rielly in his shout-out for the vote, which he called "the first, necessary step to address a deeply flawed Obama era dictate."

He said he wanted to commend Pai for taking that "preliminary step," which he also said would "open the door to bipartisan congressional action."

“Today the FCC took an important step to roll back the Obama administration’s efforts to subject the internet to heavy-handed government regulation," said House Communications Subcommittee Chairman Marsha Blackburn (R-Tenn.). "Now the public has the opportunity to weigh in on the FCC’s proposed rule before the FCC begins to draft their final order,” said Chairman Blackburn. “I remain hopeful that Republicans and Democrats, internet service providers, edge providers and the internet

community as a whole can come together and work towards a solution. I thank Chairman Pai and Commissioner O’Reilly for their leadership to begin rolling back this Depression-era, utility-style regulatory structure for the internet.”

Sen. Brian Schatz (D-Hawaii), ranking member of the Communications Subcommittee, saw it much differently.

“While Chairman Pai seems to have made his decision to get rid of these rules before starting the proceedings in earnest, he has an obligation to keep an open mind in this process, and take seriously the comments from the public. I plan to hold him to that obligation—to make sure that the people who weigh in are heard, as they should be.

“This fight is just starting. Just like in 2014, the public now has the opportunity to stand up, be heard, and influence the outcome. It will take millions people standing up, just like they did before, to say that the internet needs to stay free and open. That’s what it will take to win.”

Energy and Commerce Ranking Member Frank Pallone, Jr. (D-N.J.) was on the same page.

“Today, President Trump’s FCC took the first step to dismantle net neutrality," he said. "This action will undermine the free and open internet and hand its control over to a few powerful corporate interests. So far, more than two million comments have been filed with the FCC, but the agency seems to be covering its ears and moving forward with this misguided approach. That leaves the American people with only one option: get louder.”

“Today, FCC Chairman Ajit Pai began the wrecking process to overturn net neutrality, demonstrating that he is on the wrong side of history, consumers and the public interest," said Rep. Anna Eshoo (D-Calif.), former ranking of the House Communications Subcommittee. "The approval of the NPRM at the FCC begins the process to remove rules that advance competition, innovation, small businesses and entrepreneurs. This reversal will benefit the interests of the largest Internet Service Providers (ISPs) and is a significant loss for consumers.

“Three years ago, The American people spoke loudly and clearly in support of rules to protect free speech and online commerce from the powerful grip of corporate gatekeepers. As the public comment process begins, the American people again have the opportunity to make their voices heard.”

“Make no mistake: the FCC just took a major step toward destroying the internet as we know it, putting the interests of a handful of giant corporations like Comcast and Verizon ahead of the American people,” said Sen. Al Franken (D-Minn.). “For as long as the internet has existed, it's been grounded on the principle of net neutrality—meaning what you read, see, or watch on the internet shouldn't be favored, blocked, or slowed down based on where that content is coming from. Net neutrality allows Minnesota’s small businesses to compete with the big guys, it drives innovation by putting entrepreneurs on the same playing field with large companies, and it protects Americans’ free speech. The truth is there's no good reason to get rid of strong net neutrality protections, unless you want to give giant companies the power to shake-down consumers and small businesses even more by establishing fast and slow lanes.

"This is a terrible idea, and it’s never been more important for us mobilize and fight back to stop the FCC—and the large corporations who are behind this attack—from destroying the free and open internet that all Americans deserve.”

“Instead of preserving a free and open internet, Chairman Pai and the Trump FCC are taking steps to restrict innovation, economic growth and democratic expression by voting to roll back net neutrality rules," said Sen. Ed Markey (D-Mass.), one of the strongest voices for Title II-based regs.

“This attack on net neutrality is just one piece of the Republicans’ effort to dismantle the basic protections safeguarding American families. Instead of protecting our privacy, our health care, our environment, or our access to a free and open internet, the Republicans want to hand that power over to big corporations that don’t care about consumers’ rights. These companies have only one concern – their bottom line.

“More than one million comments have already been submitted to the FCC, and the movement to defend net neutrality will not stop. I will continue to oppose any regulatory efforts by Chairman Pai to undo or roll back the Open Internet Order. And I will oppose any legislative efforts that weaken or undermine the Open Internet Order.”

“Instead of preserving a free and open internet, Chairman Pai and the Trump FCC are taking steps to restrict innovation, economic growth and democratic expression by voting to roll back net neutrality rules," said Sen. Ed Markey (D-Mass.), one of the strongest voices for Title II-based regs.

“This attack on net neutrality is just one piece of the Republicans’ effort to dismantle the basic protections safeguarding American families. Instead of protecting our privacy, our health care, our environment, or our access to a free and open internet, the Republicans want to hand that power over to big corporations that don’t care about consumers’ rights. These companies have only one concern – their bottom line.

“More than one million comments have already been submitted to the FCC, and the movement to defend net neutrality will not stop. I will continue to oppose any regulatory efforts by Chairman Pai to undo or roll back the Open Internet Order. And I will oppose any legislative efforts that weaken or undermine the Open Internet Order.”

“Today, the Trump FCC began a process to dismantle the rules that protect and enable the Internet as we know it.  This action is profoundly anti-competitive, anti-innovation, and anti-consumer," said Rep. Mike Doyle (D-Pa.), ranking member of the House Communications Subcommittee. "Already, 2.1 million comments have been filed overwhelming opposing eliminating these rules.  

“Three years ago, 3.7 million people and a broad array of startups, internet companies, and stakeholders called on the FCC to put in place enforceable rules to protect the innovation economy. They did and those open internet rules have worked.”  

“I am opposed to what the FCC is doing in gutting its net neutrality rules. If you use and enjoy Amazon, Netflix, Etsy, Snap, or so many other innovative services online, you benefit from these rules. I for one enjoy and want an open Internet that gives me a broad range of choices - and promotes new competitive and innovative services - and I will continue to fight to achieve that end.”  

The FCC Tuesday (May 2) posted online atop the home page headlines a couple of pages full of quotes from legislators on FCC Chairman Ajit Pai's proposal to roll back the classification of ISPs as common carriers under Title II regs, billing it as "What Capitol Hill Is Saying About FCC Chairman Pai’s Proposal to Restore Internet Freedom."

An FCC vote on his proposal is scheduled for May 18.

The list of legislators includes quotes from more than a dozen members of the House and Senate.

Senate Majority Leader Mitch McConnell is quoted as calling it bold action to repel a regulatory assault, and House Speaker Paul Ryan calls it welcome news," while a "bicameral statement," which means from House and Senate, not Republican and Democrat, applauded Pai's move,

What it does not do is list the party affiliations, which are all Republicans, though it does list all of them as chairs of various committees, which means Republican.

But Capitol Hill Democrats are saying very different things.

For example, Rep. Frank Pallone (D-N.J.), the ranking member of the House Energy & Commerce Committee, called it a "plan to ignore the will of the American people and kill net neutrality," while Sen. Ed Markey (D-Mass.).

“FCC Chairman Ajit Pai is making a mistake," said Sen. Brian Schatz (D-Hawaii), ranking member of the Senate Communications Subcommittee, following Pai's announcement of his plans. "His proposal would take away the American people’s access to a free and open internet and give control to big corporations."

Some deregulatory groups are trying to prevent a possible "compromise" vote on the re-nomination of Democratic FCC Commissioners Jessica Rosenworcel, suggesting instead that she be  leave the commission after the current congress, but return during the next.

Tech Freedom and the Competitive Enterprise Institute have joined with a couple of others in a letter to Senate Majority Leader Mitch McConnell (R-Ky.) and Minority Leader Harry Reid (D-Nev.) to say that while they supported Rosenworcel's re-nomination, but not if it creates a deadlocked, 2-2 commission and certainly not before FCC Chairman Tom wheeler leaves to remove the possibility of a Republican President and a Democratic majority on the FCC.

That means they want Rosenworcel to have to leave the FCC after the lame duck, but then be returned to her seat after a new chair or third Republican commissioner is seated. They say they expect Rosenworcel to be a "constructive participant" in reforming the FCC under a Republican majority, but don't want her continued presence on the commission to prevent that majority during the transition.

"[T]here simply is not time to properly consider a new nomination now, even if Chairman Wheeler were to resign immediately and President Obama   were to  nominate a Republican chosen by the President-elect. So the only way to avoid hamstringing the new FCC Chairman (acting or otherwise) is for Commissioner Rosenworcel to take a brief hiatus from the Commission. This is unfortunate, but better than the alternative. Pairing her with Republicans will give both parties a strong incentive to move quickly on all three nominations. We expect that both could  be  confirmed  by  March.  In the interim, Chairman Wheeler could shift Rosenworcel’s staff to regular agency positions. This would make it easy for her to  reconstitute her office when she returns to the Commission, without her staff missing a paycheck."

At press time, Rosenworcel's nomination remained on a list of nominations on the Senate Executive Calendar that were still awaiting floor votes, where her nomination has been since Dec. 9, 2015, when it was placed their after her unanimous vote out of the Senate Commerce Committee. A floor vote was not scheduled for Tuesday, Dec. 6, but could happen off the floor under unanimous consent (UC), essentially a fast-track approval for noncontroversial nominations or legislation. Like a nomination hold, it would take only one Senator not agreeing to put the kibosh on a UC approval.

That is probably unlikely given that if she is reconfirmed a new Republican Administration would not have a majority on the FCC until a new chairman was named.

Rosenworcel's term expired July 1, 2015, but commissioners are allowed to continue serving until the end of the Congress following that in which their term expires, which means she has to exit in January unless her nomination is voted and approved on the Senate floor in the lame duck session.

The Republicans do not plan to allow a vote on the renomination of FCC Commissioner Jessica Rosenworcel this year, according to Sen. Minority Leader Harry Reid (D-Nev.). If that were the case, Rosenworcel would have to exit since her term is over at year's end.

As reported by B&C/Multichannel News, Reid took to the Senate floor Thursday (April 21) to call for a floor vote on Rosenworcel's renomination, in the process saying Majority Leader Mitch McConnell had broken his word to act on Rosenworcel after the Democrats agreed last year to vote out Republican Commissioner Michael O'Rielly. Usually commissioners are paired, Democrat and Republican, before being voted, but Reid said he agreed to vote O'Rielly by himself after getting McConnell's promise that Rosenworcel would also get a vote.

But that has not happened, and may not if Reid is correct.

Reid said McConnell promised to vote her this year, but that has yet to happen. "I've waited patiently for my friend to do the right thing," Reid said, seemingly more in sorrow than in anger. "I've held off for months coming to the floor....I held off hoping the Republican Leader would deliver on the pledge he gave to me."

But Reid said he had spoken with McConnell this week and the leaders said he would do it next year. "Mr. President, next year she's out of a job [he had suggested one reason he had agreed to vote O'Rielly against his better instincts was that he had been told O'Rielly was out of a job]. "Her career will basically be over because of my accepting my counterpart's word," he said.

Perhaps her FCC career, but the highly-regard Rosenworcel could almost certainly get a job, likely at a multiple of her public service salary, at a prestigious law firm, in Silicon Valley, or elsewhere.

But Reid's point was that it was not the way to treat a public servant "who works every day very hard trying to do the right thing for a very important part of our country."

Reid said McConnell had broken his word, but suggested there was still a way to repair the damage by moving on nomination. "So, I still expect him to live up to his commitment and get Commissioner Rosenworcel confirmed, he said.

Reid did point out that Sen. John Thune (R-S.D.), who chairs the Senate Commerce Committee, had kept his word and advanced her nomination through the committee.

Neither Rosenworcel nor McConnell were available for comment.

“I was pleased to see Senator Reid’s comments today on the floor,"said FCC Chairman Tom Wheeler. "Jessica Rosenworcel is an integral part of this Commission and should be confirmed. All nominees, no matter their party affiliation, deserve an up or down vote.”

In an FCC oversight hearing, Sen. Bill Nelson (D-Fla.), ranking member of the Senate Commerce  Committee, said it was past time for the Senate to confirm Rosenworcel, suggesting than that it was a promised confirmation that had yet to be honored by the other side of the aisle.

Rosenworcel's renomination was unanimously approved by the Commerce Committee late last year, but the full Senate has yet to vote.

The President re-nominated the Democratic commissioner for a new five-year term back in May 2015. Her current term expired in June of 2015, but she could serve until the end of 2016 without renomination.

Rosenworcel joined the commission in 2012, confirmed unanimously by the Senate on that occasion.