Appeals Court Rejects ISP Stay Of Neutrality Rules, Which Officially Go Live Tomorrow

from the live-to-fight-another-day dept

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has denied the broadband industry's requested stay of the FCC's reclassification of ISPs as common carriers under Title II, meaning the agency's shiny new net neutrality rules will go live tomorrow as scheduled, much to the chagrin of the nation's broadband duopoly. Incumbent ISPs requested the stay last month, claiming the FCC's rules were "arbitrary and capricious," "vague and onerous," and act to create "significant uncertainty about the introduction of new services" while "exposing providers to costly litigation."

According to the court order (pdf), broadband providers failed to provide "the stringent requirements for a stay pending court review," meaning that the FCC's new net neutrality rules will remain in place for the duration of the ISPs assault on the FCC. While the courts have promised to expedite it, a resolution to the case could still take more than a year. FCC boss Tom Wheeler was quick to take to the FCC website to applaud the ruling:

"This is a huge victory for Internet consumers and innovators! Starting Friday, there will be a referee on the field to keep the Internet fast, fair and open," said the Commission boss. "Blocking, throttling, pay-for-priority fast lanes and other efforts to come between consumers and the Internet are now things of the past. The rules also give broadband providers the certainty and economic incentive to build fast and competitive broadband networks."

While net neutrality opponents in the House have been trying all manner of poison pills and other efforts to kill the rules, hamstring the FCC, or curtail the agency's budget, short of a court win -- the only viable way to kill the rules moving forward is a 2016 party shift, FCC leadership change, and subsequent gutting of the agency's order. Annoyed by recent blocked mergers and an uncharacteristically consumer friendly FCC boss bullish on broadband competition, you can be fairly certain that AT&T, Verizon and Comcast lobbyists are already very busy trying to ensure that a more incumbent-friendly scenario comes to fruition.

Filed Under: dc circuit, fcc, net neutrality, open internet

House Tries To Use Appropriations Bill To Kill Neutrality Rules, Strip FCC Authority And Funding

from the Obamacare-for-the-Internet dept

For most of the last few months the House has been holding a series of "investigative" hearings into the FCC's passage of net neutrality rules. On the surface, the hearings claim to be aimed at ensuring the FCC is operating transparently and within the confines of its authority, but in reality the hearings have been about one thing: publicly shaming the FCC for standing up to deep-pocketed campaign contributors like AT&T, Verizon and Comcast. Of course this never-ending "fact finding mission" has accomplished absolutely nothing in relation to finding notable facts, but it has proven useful in riling up a base utterly convinced that net neutrality rules destroy the Internet. All on the taxpayer dime, no less.

Of course the House isn't just trying to shame the FCC, they're hoping to gut the agency's budget and totally erode its authority as well. There's only so many ways they can accomplish this, almost all of which (outside of a 2016 party shift) end in failure. The latest attempt is via language buried in the Financial Services and General Government Appropriations bill for fiscal 2016. According to a House news release, the bill not only strips away FCC funding, but it will prohibit the FCC from enforcing the rules (which technically take effect this Friday) until the flood of ISP lawsuits have been settled:

"The bill contains $315 million for the FCC – a cut of $25 million below the fiscal year 2015 enacted level and $73 million below the request. The legislation prohibits the FCC from implementing net neutrality until certain court cases are resolved, requires newly proposed regulations to be made publicly available for 21 days before the Commission votes on them, and prohibits the FCC from regulating rates for either wireline or wireless Internet service."

Obviously these lawsuits could go on for several years, and well into the term of a new Administration, one many House members hope would then strike the rules from the books. Of course much like the never-ending hearings shaming the FCC, this is largely a partisan patty cake show pony, since it won't be signed by the President. Still, it's very sweet of the House to be so incredibly worried about consumers and the health of the Internet that they'll work tirelessly to protect ISPs' god-given right to abuse the lack of last mile broadband competition.

It remains a shame that the House hasn't yet realized yet that while they're trying desperately to frame net neutrality as a partisan issue, Republicans and Democrats alike overwhelmingly support the concept of net neutrality. So while neutrality opponents in the House may think they're agitating the base by attacking the FCC for standing up to ISPs, all they're really doing is advertising the fact that they're in the back pocket of a broadband industry data shows most consumers absolutely loathe. That's a position that will, one way or another, be coming home to roost down the road.

Filed Under: appropriations, congress, fcc, house appropriations, net neutrality, open internet