Net Neutrality Repeal Official, Lawsuits Can Now be Filed

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The FCC’s repeal of Obama-era Net Neutrality laws was published in the Federal Register yesterday, two months after a split Commission voted 3-2 to pass the change. Some portions of the law are slated to become effective April 23, while others still need approval from the Office of Management and Budget.

Federal Register publication triggered the date when lawsuits against the repeal can be filed in court. More than 20 state attorneys general and advocacy groups like Free Press and Public Knowledge, plan to challenge the order, Politico reported. The Computer & Communications Industry Association also believes there are strong grounds to appeal. 

The FCC’s most recent vote reclassifies ISPs as “information service” providers — as they were between February 1996 and February 2015 — instead of considering them as “common carriers” under Title II of the Communications Act of 1934. The Commission made the change to return broadband internet services to “light touch” regulation, Chairman Ajit Pai previously said. One of the major stipulations placed on ISPs like AT&T and Comcast is that they must disclose if they slow a user’s internet speed. AT&T said it’s committed to an open internet.

Federal Register publication also starts the clock for Senate Democrats to file a Congressional Review Act resolution to unwind the repeal.

Asked about the issue after the FCC meeting yesterday, Pai said he couldn’t comment on “actions the FCC may or may not take.” His Democratic colleagues vented, with Commissioner Mignon Clyburn stating: “the FCC majority has taken the next step in handing the keys to the internet over to billion-dollar broadband providers.”  

February 23, 2018 

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