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Sub-freezing temperatures continue in on Capitol Hill in Washington early Friday morning, Jan. 9, 2015.

J. Scott Applewhite, Associated Press

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Last week the new Congress began with the Republicans controlling both houses for the first time since 2005. Differences between the two appeared on opening day.

In the Senate, there was apparent party unity. Majority Leader Mitch McConnell said he would look for ways to move ahead on programs and projects that had widespread public support, avoiding major confrontations, financial defaults and government shutdowns. His first legislative action will be a vote on approval of the Keystone pipeline, which enjoys polling support from 70 percent of the American people. He said his goal is to set the table for the Republican nominee in 2016, whoever that may be, by legislating in a way that will show the country that Republicans can govern responsibly. He doesnt want the idea of having them in overall charge to be scary to voters when the presidential election comes around.

In the House, party unity fell apart. John Boehner had been chosen as party leader without a single dissenting vote when House Republicans held their leadership elections, so he had every reason to assume that he would have every Republican vote in the opening session when the speaker was formally elected. However, several national tea party groups had other ideas.

Realizing that Boehner could be denied the speakership if a relatively few Republicans voted against him all of the Democrats would be voting for Nancy Pelosi these groups mounted a major blitz of emails, tweets and phone calls directed to their supporters in the House. Defeat Boehner; show the establishment whos boss!

Tea party House members who had raised no objection to Boehner during party elections changed their minds and joined in a totally futile effort to topple him. They had no candidate to replace him, no plan for running the House if he were defeated, no goal other than to show their loyalty to the groups that were bombarding them with social media pressure. They embarrassed themselves, falling far short of the number they needed. Boehner was elected easily, with every member of the Utah delegation voting for him.

Nonetheless, the groups behind the effort declared it a success. Were very pleased, one spokesman said. One suspects that the reason they are pleased is that they were able to use their advocacy of this manufactured opportunity to raise money from supporters who didnt realize that it was a fools errand, precisely the kind of action that undecided voters would find scary in 2016.

The details of this episode will of course be long forgotten before then, but Speaker Boehner and the rest of the Republicans must do everything they can to make sure that similar episodes do not occur.

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Congressional Republicans are drafting an "industry-backed proposal" to enforce net neutrality rules while preventing the Federal Communications Commission from reclassifying Internet service as a utility,The Washington Post reported today. The Republicans "appearlikelytointroduce legislationnext month," the report said.

If true, Internet providers and Republicans would be resigning themselves to some form of network neutrality rules being imposed on broadband service. But they would avoid the imposition of utility rules under Title II of the Communications Act, a scenario the industry fears even more.

The FCC is on track to issue network neutrality rules that prevent or limit the ability of Internet providers to block or discriminate against applications and websites. The rules would include restrictions on "fast lanes" in which online content providers could pay ISPs for preferred access. The FCC may need to use Title II to impose these rules because of a Verizon lawsuit that led to a court decisionsaying the FCC could not impose per se common carrier obligations without reclassifying broadband providers as common carriers.

President Obama has urged the FCC to treat broadband as a utility, but the commission hasn't made a decision yet.

So far, deliberations on the potential legislation are happening in private. ThePost reports:

The industry-backed proposal would preempt efforts by the Federal Communications Commission to draw up new rules for Internet providers. While key details of the proposed bill are still being hammered out, the legislation would attempt to end a debate over the FCC's power to regulate net neutrality, or the idea that broadband companies should treat all Internet traffic equally, said the people familiar with the plan who declined to be named because the talks were private.

The industry officials said they are discussing details of the proposal with several Republican lawmakers, whom they declined to name. The officials also said the proposal is being backed by several large telecommunications companies, which they also declined to name.

The legislation would create a "Title X" that "would give FCC Chairman Tom Wheeler the authority to prevent broadband companies from blocking or slowing traffic to Web sites, or charging content companies such as Netflix for faster access to their subscribersa tactic known as 'paid prioritization.'" In exchange for those powers, the FCC would have to avoid imposing Title II rules on Internet providers.

While Obama urged the FCC to reclassify broadband, he also said the commission should avoid imposing Title II regulations that aren't related to net neutrality, such as rate regulation. Obviously, he would have the opportunity to veto any legislation passed by Congress. Republicans will have control of both the House and Senate beginning in January.

This would not be the first net neutrality legislation proposed since the FCC began its current deliberations. In May,US Rep. Bob Latta (R-OH) proposed a billthat would have prevented the FCC regulating broadband as a utility.In November, congressional Republicans sent a letter to FCC Chairman Tom Wheeler claiming that the FCC lacks any authority to reclassify broadband. Even industry groups representing ISPs seem to accept that the FCC can reclassify, however, though they oppose such a move.

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