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One of the several ways opponents of the FCC’s new net neutrality rules plan to push back is to use the Congressional Review Act to nix the Commission’s order before it has a chance to take effect. Although Democrats in the Senate are currently one vote short of success, they plan to force the vote soon anyway, perhaps as early as mid-May.

As explained in other posts about the steps that can be taken to combat the unpopular Restoring Internet Freedom order, the CRA allows for a quick vote on whether to roll back a recently established regulation. The current administration used it a great deal to undo later Obama-era rules, but now the shoe is on the other foot — partially, anyway.

So far Senate Democrats have a total of 50 votes, including that of Republican Susan Collins — much more than required to force a vote but one short of the 51 needed to pass the resolution. And even if it did pass, its chances of passing in the House are even smaller, and after that, it would be DOA on the president’s desk.

The FCC just repealed net neutrality. What happens next?

But as many have pointed out, the goal isn’t just to roll back the rules, but to get everyone in Congress to weigh in on the record whether they support the new rules or not. This will be critical to making net neutrality an issue in the 2018 midterms.

Hopes that another Republican Senator will voluntarily cross the aisle seem to have petered out, and so Democrats are reportedly planning to press the button on May 9, after which procedural step it could be as little as a week before the vote actually takes place. Politico and Fight for the Future reported the date, which was not disputed by a Senator’s aide I contacted. The latter is organizing a bit of online activism around the CRA, which you can follow here.

As for the rules themselves, it’s not clear when they’ll actually take effect — they did not, as I erroneously wrote a week ago and as some regulations would have, come into play on April 23. They are under consideration by the Office of Budget and Management and won’t be official until it has provided its stamp of approval.

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