The Senate's 52-46 rejection of the Resolution of Disapproval of the FCC's net neutrality regulations (after the House voted differently 240-179 to disapprove last spring), is a classic pyrrhic victory for net neutrality proponents in two big ways.
First, the issue put the FCC on the political radar screen of every Member of Congress, and not in a good way.
For several hours the Senate debated and then officially voted on whether the Constitutionally-authorized Congress should be the entity to effectively establish new Internet law, or whether unelected FCC commissioners with no direct statutory authority from Congress should be able to effectively establish new Internet law and effectively claim boundless unchecked regulatory power whenever they see fit.
Supporters of the FCC were put in the very awkward position of politically having to defend a constitutional/legal position that:
- Is strongly contrary to the Senate's institutional interests; and
- Involves preemptive regulation of a major swath of the economy without credible evidence of any existing problem -- all in the midst of a weak economy badly struggling to create jobs.