Attorneys General Sue FCC Over Net Neutrality Repeal

Demonstrators rally in support of net neutrality outside a Verizon store in New York in December

A coalition of 22 Democratic state attorneys general are asking a US court to reinstate the so-called net neutrality rules repealed by the Federal Communications Commission last month.

As of Friday, California, Washington, New York, Rhode Island, Nebraska and MA had introduced net neutrality, with North Carolina and IL considering similar legislation.

Republican U.S. Sen. Susan Collins of ME has already indicated she supports reversing the FCC's decision, leaving Democrats just one vote shy of being able to pass Markey's resolution in the Senate.

In a statement, Senate Democrats said the bill has support of all 49 Democratic senators. The law enforcement officials write that the FCC's repeal should be invalidated for several reasons, including that it was "arbitrary, capricious, and an abuse of discretion", and that it violates the Communications Act. The rules prohibited ISPs from blocking and throttling Internet traffic and from prioritizing traffic in exchange for payment. The CRA allows Congress to vote to reverse a regulator's decision - provided the vote occurs within 60 days of the effort to repeal the rules. A resolution that would restore the Open Internet Order of 2015 now has 50 votes.


Legislation has been introduced by at least six state governments to preserve the rules, and legislators with other states also in the process of considering their own net neutrality bills. It would 218 total votes to pass in the House of Representatives.

The FCC's ruling killing net neutrality is likely to be tied up in court for long enough that if Democrats can get the bill passed, the ideologically empty president, who doesn't use or understand the internet could sign it because it would give him a "win".

/ FCC Commissioner Mignon Clyburn addresses protesters outside the Federal Communication Commission building to rally against the end of net neutrality rules on December 14, 2017 in Washington, DC.

Markey said Senate Democrats will spend the coming months building grassroots support for the effort - an issue which he noted millennials watching closely.

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