States Fight Back Against FCC’s Orders to End Net Neutrality in April
On Thursday morning the Federal Communications Commission published their order in the Federal Register to repeal net neutrality, which is set to go into effect on April 23, 2018.
Now that the final rule has been published by the FCC, entities can begin to file legal challenges against the order. In response to the order, 22 state attorneys general and the District of Columbia refiled legal challenges in an attempt to block the repeal of net neutrality.
The states had filed previously petitions preserving their right to sue in January; however, they agreed to withdraw the petitions last Friday until the FCC’s official publication.
The multi-state lawsuit is led by New York Attorney General Eric Schneiderman, and a petition was filed the same day the FCC published their order. States backing up New York in this battle include California, Oregon, North Carolina, Hawaii, and Minnesota.
According to the petition, the states find that the FCC order is, “arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act.” The states also find that the order violates federal law, “including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and FCC regulations promulgated thereunder.”
The FCC voted last December 3-2 to overturn the 2015 rules that prevent internet service providers from blocking, slowing access to, or charging more for specific content on the internet.
The 22 attorneys general are not alone in the battle over net neutrality. Internet giants including Netflix, Kickstarter, and Amazon made it clear on Twitter that they disagreed with the FCC’s vote in December.
We’re disappointed in the decision to gut #NetNeutrality protections that ushered in an unprecedented era of innovation, creativity & civic engagement. This is the beginning of a longer legal battle. Netflix stands w/ innovators, large & small, to oppose this misguided FCC order.
— Netflix US (@netflix) December 14, 2017
Today’s misguided vote to gut #NetNeutrality protections is a blow to creativity, innovation, and free speech.
Congress can overturn this order. Hit up https://t.co/cQpx7nDCqc to learn how. pic.twitter.com/lSaDD6GWSA
— Kickstarter (@kickstarter) December 14, 2017
We have met with the @FCC ahead of today’s vote to continue our push for strong #NetNeutrality rules. Ensuring our customers can enjoy an open internet remains a top priority for Amazon.
— Amazon Policy (@amazon_policy) December 14, 2017
Even Burger King had something to say about the battle for net neutrality.
The publication triggers a 60-legislative-day deadline for Congress to vote on whether or not the FCC’s decision should be overturned. According to the leader of the coalition against the repeal of net neutrality, the battle has only just begun.
The @FCC may have made its illegal rollback of #netneutrality official, but this fight is just getting started.
Our coalition of 23 AGs just officially filed suit to protect the free and open internet. #SaveTheInternet https://t.co/uqznZsiUps pic.twitter.com/dGQEZlgsfc
— Eric Schneiderman (@AGSchneiderman) February 22, 2018