The FCC is an 'independent' agency which means that while congress can ask questions, make suggestions, apply pressure, and vote on members of the commission it cannot force the FCC to introduce, accept, or reject any proposed rule-making. Like most regulatory agencies, the purse power is limited since the FCC is funded by regulatory fees (I say limited and not zero because I believe the fees are paid by industry to the treasury and then allocated by congress). Also, like most regulatory agencies the makeup of the commission is statutorily party-balanced with the president selecting the chairman.
The commission still has to vote on this proposed rule-making though.
The FCC exists by authority of Congress. Congress can expand or limit this authority at will, including any regulations promulgated by the FCC. So, Congress can basically do what it wants. This is true of any federal agency. The "independent" part means independent of the President, as they are not part of the executive branch.
However, I don't think Congress will act in this case. One reason Congress delegates regulation to specific agencies is because Congress does not have the expertise to craft the proper regulations. As a Republican, it seems to me the FCC has taken a balanced approach to regulation in this case, so I don't see much negative feedback by Congress.
> Congress can expand or limit this authority at will
Congress can do so only by passing new laws, which mean with the consent of the President or over the President's veto.
> As a Republican, it seems to me the FCC has taken a balanced approach to regulation in this case, so I don't see much negative feedback by Congress.
The Republicans in Congress (and the Republican minority on the FCC, as well) have been fairly consistently opposed to any FCC regulation in the direction of net neutrality, including the previous and much weaker actions the FCC has taken in the past, and have, in fact, already initiated efforts to head this off based on the discussions which indicated that the FCC was considering something in this direction and explicitly deny the FCC authority to make rules regarding net neutrality.
So, assuming the FCC actually passes Wheeler's proposal, I expect substantial pushback in Congress. I don't think opponents of neutrality have the votes to pass a law on the matter over the President's veto, though.
> As a Republican, it seems to me the FCC has taken a balanced approach to regulation in this case, so I don't see much negative feedback by Congress.
What about the extremist anti-regulatory positions of many in the GOP? Not every Republican thinks that way, but enough to do generate a lot of noise and elect a substantial portion of Congress.
It's true my first reaction was against internet regulation. If it ain't broke... However, I read his statement, and his decision seems well considered. And, the regulations are in the direction of ensuring openness. My biggest concern is that now that there is regulation, it can go in any direction in the future.
The commission still has to vote on this proposed rule-making though.