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

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

Regulations Beware, It’s Pai Time at the FCC!

Posted by Andrew Regitsky

Jan 27, 2017 10:00:00 AM

When the FCC released its Open Internet (Net Neutrality) Order in March of 2015, then Commissioner Ajit Pai wrote the following:

On November 10, President Obama asked the FCC to implement his plan for regulating the Internet, one that favors government regulation over marketplace competition. As has been widely reported in the press, the FCC has been scrambling ever since to figure out a way to do just that. The courts will ultimately decide this Order’s fate. And I doubt they will countenance this unlawful power grab. Litigants are already lawyering up to seek judicial review of these new rules. Given the Order’s many glaring legal flaws, they will have plenty of fodder. But if this Order manages to survive judicial review, these will be the consequences: higher broadband prices, slower speeds, less broadband deployment, less innovation, and fewer options for American consumers. To paraphrase Ronald Reagan, President Obama’s plan to regulate the Internet isn’t the solution to a problem. His plan is the problem. In short, because this Order imposes intrusive government regulations that won’t work to solve a problem that doesn’t exist using legal authority the FCC doesn’t have, I dissent. (FCC Docket 14-28, Report and Order on Remand, Declaratory Ruling and Order, released March 12, 2015, Dissent of Ajit Pai, at. p. 1).

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Topics: FCC, Net Neutrality, trump, regulatory updates

Trump Era Begins – ISPs Seek Reversal of FCC’s Privacy Order

Posted by Andrew Regitsky

Jan 13, 2017 10:00:00 AM

It is not even Inauguration Day, but the open season on telecom regulations developed during the Tom Wheeler era at the FCC has already begun! On January 3, 2017, several ISP and cable associations including The Internet and Television Association (NCTA) and the US Telecom Association (USTA) filed Petitions for Reconsideration requesting the Commission to significantly modify its November 2, 2016 ISP Privacy Order in Docket 16-106.

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Topics: FCC, regulatory updates, privacy, trump, ISPs

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