Re FCC will also order states to scrap plans for their own net neutrality laws

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: Richard Bennett <richard () bennett com>
Date: Wed, Nov 22, 2017 at 2:47 PM
Subject: Re: [IP] Re FCC will also order states to scrap plans for their
own net neutrality laws
To: Dave Farber <dave () farber net>
CC: ip <ip () listbox com>


It’s not really the same thing, is it? State laws limiting the services
that can be provided by their political subdivisions don’t have a nexus
with interstate commerce, and there is no delegation of authority to the
FCC to regulate such laws. Internet services - whether provided by
communication platforms, content platforms, or advertising networks - are
interstate commerce.

There’s a similar split on telephone rate regulation, where states can set
rates for intrastate calls but not on interstate calls. Since the Wheeler
FCC reduced the internet to telephony, understanding telecom law is now a
prerequisite to discussing Internet policy.

RB


On Nov 22, 2017, at 7:20 AM, Dave Farber <farber () gmail com> wrote:



Begin forwarded message:

*From: *Chris Beck <cbeck () pacanukeha net>
*Subject: **Re: [IP] FCC will also order states to scrap plans for their
own net neutrality laws*
*Date: *November 22, 2017 at 8:50:50 AM EST
*To: *Dave Farber <dave () farber net>

How much will anyone be willing to bet that it will *not* restrict states
from passing laws banning municipal fibre initiatives? That sort of
regulation is just fine, I'm sure.

Cheers,
Chris

On Nov 22, 2017 03:19, "Dave Farber" <dave () farber net> wrote:

> ---------- Forwarded message ---------
> From: Dewayne Hendricks <dewayne () warpspeed com>
> Date: Wed, Nov 22, 2017 at 12:48 AM
> Subject: [Dewayne-Net] FCC will also order states to scrap plans for their
> own net neutrality laws
> To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
>
>
> FCC will also order states to scrap plans for their own net neutrality laws
> Double win for ISPs: No more net neutrality, and state laws will be
> preempted.
> By JON BRODKIN
> Nov 21 2017
> <
> https://arstechnica.com/tech-policy/2017/11/fcc-will-also-order-states-to-scrap-plans-for-their-own-net-neutrality-laws/
> >
>
> In addition to ditching its own net neutrality rules, the Federal
> Communications Commission also plans to tell state and local governments
> that they cannot impose local laws regulating broadband service.
>
> This detail was revealed by senior FCC officials in a phone briefing with
> reporters today, and it is a victory for broadband providers that asked for
> widespread preemption of state laws. FCC Chairman Ajit Pai's proposed order
> finds that state and local laws must be preempted if they conflict with the
> US government's policy of deregulating broadband Internet service, FCC
> officials said. The FCC will vote on the order at its December 14 meeting.
>
> It isn't clear yet exactly how extensive the preemption will be.
> Preemption would clearly prevent states from imposing net neutrality laws
> similar to the ones being repealed by the FCC, but it could also prevent
> state laws related to the privacy of Internet users or other consumer
> protections. Pai's staff said that states and other localities do not have
> jurisdiction over broadband because it is an interstate service and that it
> would subvert federal policy for states and localities to impose their own
> rules.
>
> FCC officials did not take questions from Ars during today's phone
> briefing, but we have followed up with Chairman Pai's office to get more
> details on the scope of the proposed preemption. We will update this story
> if we get a response. Pai's draft order will be released publicly tomorrow
> and may provide more detail.
>
> Pai staff echoes industry arguments
>
> The arguments made by Pai's staff echoed those made previously by Internet
> service providers. Comcast, Verizon, and mobile industry lobby group CTIA
> had all urged the FCC to preempt state laws in the weeks leading up to
> today's announcement by Pai.
>
> CTIA argued last week that broadband Internet access shouldn't be
> regulated by states because it is an interstate service "within the sole
> jurisdiction of the FCC, and Congress has advanced a national policy of
> non-regulation for information services." That's the exact position the FCC
> chairman's office is now taking.
>
> Legislators in numerous states have tried to impose state-level versions
> of the FCC privacy rules that were eliminated by Congress earlier this
> year. With the FCC about to take its net neutrality rules off the books,
> ISPs said they worry that states will try to enforce net neutrality on
> their own.
>
> The FCC's preemption authority does have limits. A previous FCC decision
> to preempt state laws that restrict the expansion of municipal broadband
> was struck down by a federal appeals court. The FCC will almost certainly
> face lawsuits challenging the net neutrality repeal order, and the
> preemption of state laws could play a big role in litigation.
>
> It's not clear whether the FCC provided adequate notice to the public
> about the preemption plan. Today's proposal stems from a Notice of Proposed
> Rulemaking(NPRM) that the FCC issued in May, but that proposal did not ask
> the public for input on preempting state net neutrality laws.
>
> [snip]
>
> Dewayne-Net RSS Feed: http://dewaynenet.wordpress.com/feed/
> Twitter: https://twitter.com/wa8dzp

—
Richard Bennett
High Tech Forum <http://hightechforum.org> Founder
Ethernet & Wi-Fi standards co-creator

Internet Policy Consultant



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