21 states sue to keep net neutrality as Senate Democrats
reach 50 votes
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[January 17, 2018]
By David Shepardson
(Reuters) - A group of 21 U.S. state
attorneys general filed suit to challenge the Federal Communications
Commission's decision to do away with net neutrality on Tuesday while
Democrats said they needed just one more vote in the Senate to repeal
the FCC ruling.
The state attorneys, including those of California, New York and
Virginia as well as the District of Columbia, filed a petition to
challenge the action, calling it "arbitrary, capricious and an abuse of
discretion" and saying that it violated federal laws and regulations.
The petition was filed with a federal appeals court in Washington as
Senate Democrats said on Tuesday they had the backing of 50 members of
the 100-person chamber for repeal, leaving them just one vote short of a
majority.
Even if Democrats could win a majority in the Senate, a repeal would
also require winning a vote in the House of Representatives, where
Republicans hold a greater majority, and would still be subject to a
likely veto by President Donald Trump.
Senator Ed Markey said in a statement that all 49 Democrats in the upper
chamber backed the repeal. Earlier this month, Republican Senator Susan
Collins said she would back the effort to overturn the FCC’s move.
Democrats need 51 votes to win any proposal in the Republican-controlled
Senate because Vice President Mike Pence can break any tie.
Trump backed the FCC action, the White House said last month, and
overturning a presidential veto requires a two-thirds vote of both
chambers.
States said the lawsuit was filed in an abundance of caution because,
typically, a petition to challenge would not be filed until the rules
legally take effect, which is expected later this year.
Internet advocacy group Free Press, the Open Technology Institute and
Mozilla Corp filed similar protective petitions on Tuesday.
The FCC voted in December along party lines to reverse rules introduced
in 2015 that barred internet service providers from blocking or
throttling traffic or offering paid fast lanes, also known as paid
prioritization. The new rules will not take effect for at least three
months, the FCC has said.
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Net neutrality advocates rally in front of the Federal
Communications Commission (FCC) ahead of Thursday's expected FCC
vote repealing so-called net neutrality rules in Washington, U.S.,
December 13, 2017. REUTERS/Yuri Gripas
Senate Democratic Leader Chuck Schumer said the issue would be a major
motivating factor for the young voters the party is courting.
A trade group representing major tech companies including Facebook Inc, Alphabet
Inc and Amazon.com Inc said it would support legal challenges to the reversal.
The FCC vote in December marked a victory for AT&T Inc, Comcast Corp and Verizon
Communications Inc and handed them power over what content consumers can access
on the internet. It was the biggest win for FCC Chairman Ajit Pai in his
sweeping effort to undo many telecommunications regulations.
While the FCC order grants internet providers sweeping new powers it does
require public disclosure of any blocking practices. Internet providers have
vowed not to change how consumers obtain online content.
House Energy and Commerce Committee Chairman Greg Walden, a Republican, said in
an interview on Tuesday he planned to hold a hearing on paid prioritization. He
has urged Democrats to work constructively on a legislative solution to net
neutrality "to bring certainty and clarity going forward and ban behaviors like
blocking and throttling."
He said he does not believe a vote to overturn the FCC decision would get a
majority in the U.S. House. Representative Mike Doyle, a Democrat, said Tuesday
that his bill to reverse the FCC decision had 80 co-sponsors.
Paid prioritization is part of American life, Walden said. "Where do you want to
sit on the airplane? Where do you want to sit on Amtrak?" he said.
(Reporting by David Shepardson; Editing by Cynthia Osterman and Leslie Adler)
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