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California Issues Net Neutrality Challenge to FCC

Posted by Andrew Regitsky

Feb 2, 2018 9:44:00 AM

In a recent CCMI webinar I stated that the worst possible outcome for Internet regulation for the country would be for each of the 50 states to legislate their own net neutrality rules in opposition to the FCC's Internet Freedom Order, while Congress sits on its hands and does nothing. Unfortunately, more and more, that seems to be the likely outcome.

Already, within the last couple of weeks, 21 states and the District of Columbia have appealed the Order to the Federal courts while New York and Montana have introduced bills that would bar state agencies from contracted with ISPs unless they agreed to comply with the "bright line" net neutrality rules.

While it could be argued that the proposed legislation in those states does not directly challenge the Commission's Order (I'm sure the FCC thinks otherwise), the same cannot be said about the bill recently passed by the California Senate. SB-460, contains provisions that directly conflict with the Commission's removal of the bright line rules.

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Topics: FCC, Net Neutrality, Open Internet, ISPs, trump, net neutrality order, internet regulation, internet freedom, CCMI, internet freedom order, congress, CRA, SB-460, commissions order, california, california senate, congressional review, supreme court

Congress and States Begin to Battle to Save Net Neutrality

Posted by Andrew Regitsky

Jan 19, 2018 10:00:00 AM

That didn't take long! The FCC's January 4, 2018 Internet Freedom Order is under attack weeks before it takes effect and even before it is printed in the Federal Register. Senate Democrats launched the first barrage earlier this week when they announced they had 50 Senators, 49 Democrats and Republican Susan Collins of Maine to vote to overturn the Order using the Congressional Review Act (CRA).

The Congressional Review Act empowers Congress, by means of a simple majority vote, to remove new federal regulations issued by government agencies and ensure that a similar rule cannot be enacted in the future. When Donald Trump became President, Republicans used the CRA to overturn a flurry of rules created by the FCC in the last few months of the Obama administration, including one-sided privacy rules that would apply to ISPs but not edge providers. Under the CRA, Congress has 60 legislative days (i.e., actual days Congress is in session) to overturn the Internet Freedom Order.

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Topics: FCC, Net Neutrality, Open Internet, ISPs, trump, net neutrality order, internet regulation, internet freedom, CCMI, internet freedom order, CRA

Democrats Now Want Net Neutrality Extended to Internet Content Providers

Posted by Andrew Regitsky

Nov 17, 2017 10:00:00 AM

 

Internet edge (content) providers have always been some of the leading advocates for keeping the 2015 Open Internet rules for ISPs in place, including forbidding the blocking, throttling, and paid prioritization of Internet traffic. For example, Twitter wrote in a blog post earlier this year that, "[w]ithout net neutrality in force, ISPs would even be able to block content they don't like, reject apps and content that compete with their own offerings, and arbitrarily discriminate against particular content providers by prioritizing certain Internet traffic over theirs."

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Topics: regulatory updates, FCC, Net Neutrality, Open Internet, ISPs, internet traffic, net neutrality order

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