Reply to post: One more thing

Golden State passes gold-standard net neutrality bill by 58-17

DougS Silver badge

One more thing

The way the FCC did this repeal will make it almost impossible for them to stop California and other states from enacting their own NN laws. The FCC didn't just say "we repeal the ruling made by the FCC under the previous administration that enacted NN" they also ruled that the FCC has no power to regulate broadband AT ALL.

The FCC repeal order agreed with an argument that AT&T had made that in the Telecom Act of 1996 broadband should be classified as an "unregulated information service". What Pai was trying to do was lay the groundwork to prevent a future democratic FCC from simply putting NN back in place, by ruling that the FCC has no power to have anything to do with broadband.

Having made that argument in a ruling, an argument that the FCC has the power to prevent states from enacting their own NN regulations would be impossible to get past a judge. The only way republicans will have of stopping NN laws in California and other states would be legislation in congress. That's pretty unlikely to happen anytime soon due to the election, and after the election there's a good chance republicans will no longer have control of the house.

With multiple large states on board, requiring ISPs that to obey NN if they want to do business with the state, they'll effectively maintain NN as a nationwide policy. It probably isn't feasible for AT&T for example to obey NN in certain states, but not in others.

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