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

["Dave Farber" <farber () gmail com>]

> 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 <mailto:dave () farber net>> wrote:
>
> ---------- Forwarded message ---------
> From: Dewayne Hendricks <dewayne () warpspeed com <mailto: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 <mailto: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/
>  
> <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 imposing net neutrality laws similar to the ones being repealed by the FCC, but it could also prevent state laws 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]
>
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