But critics of the administration’s frontal assault on consumer protections say that’s wishful thinking, and the entire industry effort hinges on a shaky FCC legal gambit that isn’t likely to succeed.
Foreseeing state challenges to their attack on federal oversight, lobbyists for both Comcast and Verizon last year successfully urged the FCC to include language in its net neutrality repeal “pre-empting” (read: banning) states from protecting consumers moving forward.
But telecom industry legal experts say that when the FCC dismantled its own authority over broadband ISPs (by rolling back their classification of ISPs as Title II common carriers under the Telecom Act), it ironically killed any authority it might have had to tell states what to do.
h/t Noah Friedman
California just passed the toughest state-level net neutrality law in the nation, and within hours, the Department of Justice sued the state to block the law from going into effect. It’s the start of a new chapter in the fight for net neutrality, as the federal government works hand in hand with the telecom industry to stop a wave of state-level net neutrality protections.