Executive Session

Floor Speech

Date: May 16, 2018
Location: Washington, DC

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Mr. WYDEN. Mr. President, it is important for everybody to understand how things work today and what net neutrality is all about. What net neutrality is fundamentally about is that everybody gets a fair shake with respect to using the internet. After you pay your internet access fee, you get to go where you want, when you want, and how you want. There are no special deals. There are no priority lanes for those with deep pockets to get more content and get it faster than everybody else. That is not the way it works today. Everybody gets a fair shake on an open and free internet because of net neutrality.

What Mr. Pai, the head of the Federal Communications Commission, and his allies want is something very different. Under their vision of how things would work online, there would be toll booths all over the internet, and those higher costs would, one way or another, come out of your pocket. That would work a hardship on millions of Americans, on millions literally but especially on small businesses, seniors, and students. Everybody would be affected by a new approach that would establish toll booths all over the internet.

My view is that there is no vote this body is going to take in 2018 that will have a more direct impact on the wallets of Americans than the one that is going to happen in a few hours. This is the last chance to protect the free and open internet that comes about with real net neutrality. The fact is, if we don't do it, the Trump Federal Communications Commission and Chairman Pai want to turn the lights out on the system I described today where, after you pay for your internet access, you go where you want, when you want, how you want. That is what we have today. Without what we are doing here, Chairman Pai at the Federal Communications Commission can change that and take money away from typical Americans to line the pockets of their friends at the big communications monopolies, Big Cable.

If Republicans in Congress allow this administration to get away with repealing net neutrality, Americans can certainly expect to be charged more for Netflix, for music services on Spotify, and for video game downloads--for example, on PlayStation.

This isn't some academic policy question that is going to show up years from now. Certainly, there are matters we talk about where that could be the case. This is where the Trump Federal Communications Commission could hand big cable companies more power and take more money out of the pockets of the American people next month.

I am very appreciative of my colleague Ed Markey for the extraordinary leadership role he has taken. He and I have enjoyed teaming up since the days when we began in public service. Senator Markey was then Congressman Markey, and he introduced the first net neutrality bill in the House. I had the honor of partnering with him when I introduced the first net neutrality bill in the Senate. Both of us said, literally, more than a decade ago, that we needed communications policies that were rooted in the principle of nondiscrimination--transparency, openness, and freedom for all online. Here we are, back in this fight once again, to pass the Markey resolution, which, in effect, will ensure that what my colleague has sponsored today and sought to do a decade ago, on which I partnered with him, will actually get done.

Everybody understands that you have to pay a fee to get access to the net. The question at the heart of this debate that you have to keep coming back to is this: Once you pay that fee, shouldn't everybody get a fair shake? Shouldn't we be able to say in America that once you pay that fee, you ought to be able to go where you want, when you want, and how you want? As the Trump FCC wants to do, should you be able to say that the big cable companies should be able to hot-wire the system--to rig the internet--for the benefit of those who can afford to pay more?

I would say, because I have been listening to my friend talk about this, that their vision is, really, something along the lines of an information aristocracy, whereby, if you have deep pockets, you are going to have access to a technology treasure trove, but the typical American, with his vision, is kind of on his way to digital serfdom. That is why it is so important to understand what Chairman Pai and the FCC are up to, which is special deals for special interests and more power--significantly more power--for those with deep pockets.

What the people who are opposed to real net neutrality have cooked up is a scheme called paid prioritization. I say to Senator Markey that I have called this effort that of erecting tollbooths online. What it means is that if you are among the fortunate few, you get faster download speeds and more content. If you are a big, established company, guess what. You can stifle the competition. You can squash the competition. Those opportunities aren't going to be available to an entrepreneur who is just starting out in his garage somewhere. For a family that is barely staying afloat, what it sounds like they are interested in is giving them second-rate internet service. I think Senator Markey and I remember that it was not that long ago when big chunks of America had dial-up, and people seemed to wait forever to get online.

Mr. Pai is going to tell you with a straight face that these big cable companies have the best of intentions and that they are sort of going to go along with all of this voluntarily because it is just the right thing to do. Yet my question is this: If the cable companies are just going to go along with net neutrality, why is Mr. Pai working so hard to get rid of it? It doesn't really stand up. I always say at home, because people ask what it means for us--and they have gotten to meet the charming William Peter Wyden, aged 10--that there is about as much chance that the cable companies will voluntarily go along with net neutrality as the likelihood that William Peter Wyden and his sister will voluntarily limit the number of their desserts. It is just not going to happen. In particular, if Mr. Pai says he believes in real net neutrality, the Markey resolution will give him a chance to actually show that. But we all know that he doesn't see it that way.

I just opened all townhall meetings in Oregon, most of them in rural communities, and I know the distinguished Presiding Officer of the Senate represents a lot of rural terrain. I am telling you that people in those rural areas understand what is at stake for rural America here. For rural America, without the Markey resolution, it will mean the net will move along at snail's pace. It will mean that rural businesses could have a harder time in getting off the ground and reaching customers. I talked to ranchers, for example, about just this issue. It will mean rural healthcare could miss out on technological marvels that could have the potential to save lives.

This is particularly important because Senator Markey and I have teamed up on a lot of the efforts to improve American healthcare. We have led the fight to show that we are updating the Medicare guarantee so that it will not be just an acute care program but will focus on chronic illnesses. Senator Markey and I have led the effort for more care at home and for greater access to telemedicine. All of those technological marvels really depend on rapid access to the net. If you are in rural America and you have had a stroke, rapid access to the net may be something that will saves lives and that will ensure those rural providers will be able to get connections to parts of the country that will have, for example, a neurologist available who will be able to help.

The Markey resolution and its passage should not be an issue seen along partisan lines. I don't see it as a political question. The bottom line of the debate is that if the resolution goes down, the stuff Americans do on the internet today is going to cost them a whole lot more tomorrow. It is not going to take place years from now and be some kind of an abstract question. It is going to be on Americans. Those extra costs will come out of their pockets, and it will cost them a lot more in a hurry.

I close by thanking my colleague from Massachusetts for all of his leadership. It has been my privilege to team up with him. I guess it becomes almost bicameral since the two of us started this in the House and the Senate.

I urge my colleagues to support the Markey resolution and do the right thing. Support the consumer and small businesses. Let's not hand more power and profit to the big cable companies at the expense of Americans, from sea to shining sea, who cannot afford more money to come out of their wallets and go to the big cable companies.

I see my friend on the floor.

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Mr. WYDEN. I am happy to yield.

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Mr. WYDEN. Mr. President, my colleague from Massachusetts is probably being too logical for a lot of this discussion, whereby the special interests continue to shroud their real agenda, which is what my friend from Massachusetts has described. Clearly, with this effort the big cable companies, with their hopes riding on Mr. Pai, would like to go back to yesteryear, when they could gouge the consumer, when they could stick it to the person of modest means.

I think my colleague has summed it up very well. If Mr. Pai and his allies were really going to present us with a real net neutrality plan, I know we would be interested in hearing about it, but they have never been interested in that. What they have been interested in is taking a whole lot of legalisms and murky language to try and fool the American consumer. The bottom line is Mr. Pai and his allies would like to set up these tollbooths across the country and start with a policy that, one way or another, is going to cost the typical consumer more.

I look forward to my colleague's remarks.

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Mr. WYDEN. Mr. President, my colleague has said it very well. It is what I saw last week in these nine townhall meetings, and almost all of them were in rural Oregon.

People joked and asked: Ron, why are you here? We have more cows than people.

I said: My hometown is Portland. I love Portland.

My only frustration, as my friend knows, is I didn't get to play for the Trail Blazers.

I am not a Senator from the State of Portland. I am a Senator who represents every nook and cranny of Oregon, however small. What I would say to my friend and, I hope, to my colleagues--because the Senate represents a lot of rural terrain--is what I heard in places like Burns and Prairie City last week. If they have to pay more for less content, which, I think, could easily happen under these trickle-down telecommunications policies of Mr. Pai's, then it is not just going to be Portland, OR, and Springfield, MA. It is going to be rural America-- literally, from sea to shining sea--that is going to wake up very soon and find its bills going into the stratosphere.

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Mr. WYDEN. It has been a privilege to work with my colleague. This has been bipartisan--especially making sure the kinds of policies that can come about with real net neutrality and making sure rural communities get a fair shake complement other work we are doing that represents the future. My colleague and I have talked about the fact that in our efforts to update the Medicare guarantee, for years and years both political parties have missed what Medicare has become.

Back when I was director of the Gray Panthers--the senior citizens-- Medicare had two parts, Part A for hospitals and Part B for doctors. If you broke your ankle and went to the hospital, that was Part A of Medicare. That is not Medicare any longer. Today, Medicare is cancer, diabetes, heart disease, strokes, and chronic pulmonary disease--all of these chronic conditions. What my colleague has done--and I am so appreciative of the fact that we can work together on this. We said: Let's update the Medicare guarantee. Medicare is not a voucher, a slip paper you give to people. It is a guarantee of basic services. So Senator Markey and I and others of both political parties have come along and said: Let's give people more care at home. Let's expand the role of telemedicine so that if you are in Burns or Prairie City, OR, or other small towns in America, you can have access to these technological marvels when you don't have a neurologist or a specialist.

Make no mistake about it, what Mr. Pai is looking at is a prescription for trouble for rural healthcare because they, like so many of the people they serve, are going to face the prospect of those toll booths, and they are going to pay more, in many cases, for less.

So I look forward to working with my colleague and listening to his remarks.

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