How the Broadband Industry Hopes to Kill Obama's Network Neutrality Plan

The nightmare scenario for Internet providers is starting to come true. Title II. So it looks like the Internet providers' lobbying campaign to prevent the executive branch from imposing stringent network neutrality regulations has failed. But they have two more branches of government to turn to.

The major broadband providers issued statements saying that they're ready to continue the fight in Congress and in the courts. The companies will find sympathy among Republican lawmakers, who just won control of the Senate. Republicans won't have the 60 Senate seats they need to overcome Democratic filibusters, but that might not matter for net neutrality. Under the Congressional Review Act (which was passed as part of the Republican "Contract with America" in 1996) Congress has an opportunity to fast-track an up-or-down vote on all new federal regulations. Democrats won't be able to block a vote to repeal net neutrality rules. Republicans, however, would still need two-thirds votes in both chambers to reverse a presidential veto. The GOP is unlikely to get much bipartisan support to kill the rules.

The other front in the industry's war against the new regulations will be the federal courts. Even if the courts allow the FCC to classify the Internet under Title II, there would probably be an onslaught of legal skirmishes over how much of the provision should apply.