On December 14, 2017, the Federal Communications Commission (“FCC”) voted along party lines to adopt a 210-page Declaratory Ruling, Report and Order, and Order (the “Restoring Internet Freedom Order” or “Order”) geared towards overhauling the net neutrality framework established during the Obama administration in 2015 (the “2015 Order”). On February 22nd, the Order was officially published in the Federal Register — kicking off the period for filing of court challenges to the FCC’s decision and for efforts by Democrats in Congress to signal dissent through passing a resolution of disapproval under the Congressional Review Act.
Against the backdrop of these actions at the federal level, for the past few months several states have taken matters into their own hands and begun proposing their own ways to restore the 2015 Order’s net neutrality rules within their borders. Such efforts, even if successful at the state level, will likely be met in the courts by the Restoring Internet Freedom Order’s explicit statement that the Order preempts all “inconsistent state and local regulations.”
Continue Reading States Battle to Resurrect Net Neutrality Rules