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No, Net Neutrality Isn't Technically Dead (Yet)

Today began with several news outlets (like CNET) proclaiming that net neutrality was officially dead as of today, April 23. But that's not accurate, and the reality isn't that simple. As long-standing consumer advocate Harold Feld notes over at his blog, the way FCC boss Ajit Pai structured the repeal means it nobody actually knows when net neutrality will technically die. And even then, as we've noted previously, the FCC's repeal could still be reversed by a Congressional vote -- or looming lawsuits by consumer groups.

If you look at the actual net neutrality repeal, you'll note it says this:

quote:
“Effective dates: April 23, 2018, except for amendatory instructions 2, 3, 5, 6, and 8, which are delayed as follows. The FCC will publish a document in the Federal Register announcing the effective date(s) of the delayed amendatory instructions, which are contingent on OMB approval of the modified information collection requirements in 47 CFR 8.1 (amendatory instruction 5). The Declaratory Ruling, Report and Order, and Order will also be effective upon the date announced in that same document.
Feld goes on to note that basically, Pai's FCC is taking its sweet time actually repealing the rules for some unknown reason. And then, the FCC still needs to wait for the Office of Management and Budget (OMB) to review and approve the flimsy replacement guidelines Pai insists will be just as good as real rules. Once that happens, the FCC will publish a second notice in the Federal Register announcing when the repeal actually takes place.

"This is, to say the least, highly unusual," notes Feld. "There is absolutely no reason for FCC Chairman Ajit Pai to have stretched out this process so ridiculously long. It is especially puzzling in light Pai’s insistence that he had to rush through repeal of net neutrality over the objections of just about everyone but the ISPs and their cheerleaders."

So why is Pai seemingly taking his time? Feld, who probably knows more than FCC and telecom policy than anybody in the States, has his guesses but isn't sharing them. We've inquired with the agency, but it's possible Pai and friends are trying to give ISPs time to push their fake net neutrality legislation in Congress. It's a law that pretends to protect net neutrality but is so loophole-filled as to be useless. The legislation's real purpose? Pre-empting state-level net neutrality laws, and preventing the restoration of the FCC's 2015 rules should the agency lose in court.

While the FCC's net neutrality repeal is still headed our way, technically for now the rules remain intact (not that this FCC plans to enforce them anyway). The best chance to retain the rules remains in the courts, where the FCC's bizarre, facts-optional repeal could have an uphill battle. Should the FCC win that fight, the next best way to protect it will be to vote politicians out of office that were willing to sell you out to Comcast, Verizon and AT&T (then re-pass tough rules at a later date).

Most recommended from 14 comments



TIGERON
join:2008-03-11
Boston, MA

18 recommendations

TIGERON

Member

Pai is waiting for the states to lose

And he and his ISPs friends are nervous that the states starting with California might actually win this fight.
AppFarmer
join:2016-05-24
Salinas, CA

7 recommendations

AppFarmer

Member

Boiled Frogs!

Get your boiled frogs right here!

Boiled Frogs!

Anon559d0
@comcast.net

7 recommendations

Anon559d0

Anon

Congress is in control,but won't be thrown out of office over net neutrality

Net Neutrality: ""next best way to protect it will be to vote politicians out of office that were willing to sell you out to Comcast, Verizon and AT&T""

Guess what?? That is almost every pol in Washington. All pols are for sale to the highest bidder.

And more importantly, do you as an intelligent voter, choose a politician based on the their suport or opposition to a RELATIVELY inconsequential issue like net neutrality versus issues like N.Korea, Middle East peace, illegal immigration, law encforcemet, trade wars, and the economy?

Anon9d25b
@cox.net

3 recommendations

Anon9d25b

Anon

This is an old strategy.

Its not unusual. He's waiting until everyone is distracted again.