Battle Ensues as FCC Repeals Net Neutrality Rules

State attorneys general and members of Congress are considering their options as the Federal Communications Commission on Thursday repealed rules that prevented internet service providers (ISPs) from manipulating internet speeds for consumers and websites unless they pay premium prices.

For example, New York State Attorney General Eric T. Schneiderman said his office will sue the FCC to block the vote and deregulation of broadband internet services.

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“The FCC’s vote to rip apart net neutrality is a blow to New York consumers, and to everyone who cares about a free and open internet. Today’s new rule would enable ISPs to charge consumers more to access sites like Facebook and Twitter and give them the leverage to degrade high quality of video streaming until and unless somebody pays them more money,” he said.

Many consumers experience this with their cable television providers, who charge more for more popular programming, and often threaten to drop a channel unless that media producer pays them more to stream through their cable pipelines.

Washington State Governor Jay Inslee Thursday called the battle for net neutrality both “a free-speech issue as well as a business development issue,” and threatened to sue the FCC as well.

The Obama administration’s 2015 “net neutrality” rules required broadband providers to treat all internet traffic equally, and prohibited ISPs from blocking or slowing content, or providing so-called “fast lanes” for favored sites and services.

Some small business advocates and travel agents are concerned that entrepreneurs’ free use of the internet to attract clients, manage their businesses online, and interact with travel websites, will become more expensive under the new rules.

The current FCC Chairman, the Trump administration and big telecom companies say the regulations prevented innovation and competition, and that repealing net neutrality will benefit consumers. The commission’s vote was 3-2, with FCC Chairman Ajit Pai and two fellow Republican commissioners voting for repeal.

Pai said under the new rules, “Broadband providers will have stronger incentives to build networks, especially in unserved areas, and to upgrade networks to gigabit speeds and [next-generation 5G wireless].… In short, it’s a freer and more open internet.”

In a statement issued Thursday, Senator Edward J. Markey (D-Mass.), a member of the Commerce, Science and Transportation Committee, said that “without strong net neutrality rules, entrepreneurs, inventors, small businesses, activists and all those who rely on a free and open internet will be at the mercy of big broadband companies that can block websites, slow down traffic and charge websites fees in order to increase their profits.”

He and a group of 15 other Democrat senators said they will be introducing a Congressional Review Act (CRA) resolution to overrule the repeal, though most observers consider the move a long shot.

The FCC’s decision likely will go into effect in the coming weeks, after a review by the Office of Management and Budget.

Top internet companies weigh in with concerns
In addition, major internet companies expressed their concerns about repealing “net neutrality.”

“Today’s decision from the Federal Communications Commission to end net neutrality is disappointing and harmful,” said Facebook Chief Operating Officer Sheryl Sandberg. “An open internet is critical for new ideas and economic opportunity — and internet providers shouldn’t be able to decide what people can see online or charge more for certain websites.”

A Google spokeswoman said in a statement that it was “committed to the net neutrality policies that enjoy overwhelming public support, have been approved by the courts, and are working well for every part of the internet economy.”

AT&T executive Bob Quinn said in a statement that his company will not “block websites, nor censor online content, nor throttle or degrade traffic based on the content, nor unfairly discriminate in our treatment of internet traffic … In short, the internet will continue to work tomorrow just as it always has.”

In a blog posted this Wednesday, Comcast Senior Executive Vice President David L. Cohen said Comcast would not “block, throttle or discriminate against lawful content.”