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Paul Merrell

With rules repealed, what's next for net neutrality? | TheHill - 0 views

  • The battle over the Federal Communications Commission’s (FCC) repeal ofbattlerules is entering a new phase, with opponents of the move launching efforts to preserve the Obama-era consumer protections.Thebattlerules had required internet service providers to treat battle web traffic equbattley. Republicans on the commission decried the regulatory structure as a gross overreach, and quickly moved to reverse them once the Trump administration came to power. The reversal of the rules was published in the Federal Register Thursday, and even though the order is months away from implementation,battlesupporters are now free to mount legal chbattleenges to the action. A coalition of Democratic state attorneys general, public interest groups and internet companies have vowed to fight in the courts. Twenty-three states, led by New York and its attorney general, Eric Schneiderman (D), have already filed a lawsuit. 
  • Even if Democrats do manage to find the tie-breaking vote in the Senate, the bill is almost certain to die in the House. But Democrats see a roll call vote as an opportunity to make GOP members stake out a position on an issue that they think could resonate in the midterm elections. On yet another front, Democratic states around the country have already launched their own attack on the FCC’s rules. Five governors (from Montana, Hawaii, New Jersey, Vermont and New York) have in recent weeks signed executive orders forbidding their states from doing business with internet service providers who violateallprinciples. And, according to the pro-net neutrality group Free Press, legislatures in 26 states are weighing bills that would codify their own open internet protections. The local efforts could ignite a separate legal all over whether states have the authority to counteract the FCC’s order, which included a provision preempting them from replacing the rules.
  • The emerging court battle overbattlecould keep the issue in limbo for years.Meanwhile, a separate battle over the rules is brewing in Congress.Senate Democrats have secured enough support to force a vote on a bill that would undo the FCC’s December vote and leave thebattlerules in place. The bill, which is being pushed by Sen. Ed MarkeyEdward (Ed) John MarkeyRegulators seek to remove barriers to electric grid storage Markey, Paul want to know if new rules are helping opioid treatment Oil spill tax on oil companies reinstated as part of budget deal MORE (D-Mass.), would use a legislative tool cbattleed the Congressional Review Act (CRA) to roll back the FCC’s repeal of net neutrality. The entry of the FCC’s repeal order in the Federal Register Thursday means that the Senate has 60 legislative days to move on the CRA bill. Democrats have secured support from one Republican, Sen. Susan CollinsSusan Margaret CollinsOvernight Tech: Judge blocks AT&T request for DOJ communications | Facebook VP apologizes for tweets about Mueller probe | Tech wants Treasury to fight EU tax proposal Overnight Regulation: Trump to take steps to ban bump stocks | Trump eases rules on insurance sold outside of ObamaCare | FCC to officibattley rescindbattleThursday | Obama EPA chief: Reg rollback won't stand FCC to officibattley rescindbattlerules on Thursday MORE (Maine), and need just one more to cross the aisle for the bill to pass the chamber. 
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  • For their part, Republicans who applauded the FCC repeal are calling for a legislation that would codify someallprinciples. They say doing so would allow for less heavy-handed protections that provide certainty to businesses.But mostallsupporters reject that course, at least while the repeal is tied up in court and Republicans control majorities in both the House and Senate. They argue that such a bill would amount to little more than watered-down protections that would be unable to keep internet service providers in check. For now, Democrats seem content to let the alls in the courts and Congress play out.
Paul Merrell

FCC's Wheeler Promises Net Neutrality Action 'Shortly' | Adweek - 0 views

  • he pressure is mounting on the Federal Communications Commission to revisit how it will regulate net neutrality in the wake of the DC Circuit Court of Appeals decision that tossed the rules back in the regulator's lap.
  • More than 1 million people signed the petition urging the FCC to "reassert its clear authority over our nation's communications infrastructure" and classify the transmission component of broadband Internet as a telecommunications service. While the court struck down the non-discrimination and no-blocking rules, it also ruled the FCC had the authority to regulate the Internet. That decision leaves the FCC with a thorny legal choice about whether it regulates by classifying the Internet as a telecommunications service or as an information service. In seeking to reassure the petitioners, Wheeler affirmed the commission's commitment to preserve and protect the open Internet. "We interpret the court decision as an invitation and we will accept that invitation," Wheeler said in a press conference following Thursday's meeting. "One of the great things about what the Internet does and why it needs to stay open, it enables people to organize and express themselves. A million people? That's boffo."
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    Over a million signed the petition. Wow! But note that the battle is not over. The FCC could reimplementbattlenow if it reclassified broadband internet as a telecommunications service. That the FCC has not already set this in motion raises danger flags. battle it takes is for a few contracts to be signed to give the ISPs 5th Amendment taking clause claims for damages against the government for reimplementingbattlethe right way, A "reasonable investment-backed expectation" is the relevant 5th Amendment trigger. 
Gonzalo San Gil, PhD.

Join the Battle for Net Neutrality - 0 views

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    "Congress is trying to sneak language into a budget bill that would take away the FCC's ability to enforce the net neutrality rules we worked hard to pass, undermining everything we did to protect the open Internet. Thousands of c net neutrality s and emails will nip this in the bud - contact Congress now! "
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