WASHINGTON — June 11 marked the end of the road for Title II regulations, more commonly known as "net neutrality," as the Federal Communications Commission’s repeal of the rules has now taken effect.
The FCC released a statement standing by its repeal and emphasizing that the “internet wasn’t broken” in 2015 when the rules were passed, framing the repeal as a return to the “light-touch approach” that was in place as the Internet first formed and grew, with some enhanced rules on disclosure requirements for service providers, according to rcrwireless.com. As just one example: If customers’ terms of service do change, it must be disclosed to them.
An effort in Congress to revive the rules — under which internet service providers were required to provide equal access to all content without throttling, blocking or offering paid priority based on the service or content — has passed in the Senate, but has yet to be taken up by the House. There are still state attorneys general fighting the repeal in the courts, and some states are attempting to put their own net neutrality rules in place.
As one example, on May 30, the California State Senate overwhelmingly passed strong net neutrality legislation despite “fierce opposition from big ISPs, including AT&T and Comcast,” according to lightreading.com. The California bill (SB 822) would amend state law by adding several online practices to the state's Consumers' Legal Remedies Act's definition of "certain unfair methods of competition and unfair or deceptive acts or practices" in the provision of goods and services in the state. "Under the bill, those unfair methods would now include blocking, throttling and paid prioritization of web content, as well as paid zero-rating plans.”
The FCC order eliminating the federal net neutrality rules pre-empts states from trying to impose the rules within their boundaries. “So a classic states' rights court battle is brewing in Sacramento, especially if other states either follow California's legislative lead or require providers to adhere to net neutrality rules when they sign government broadband deals,” according to the same article in Light Reading.