FCC's Net Neutrality Rollback Becomes Official, Igniting a Wave of Challenges

Devin Coldewey

The FCC's "Restoring Internet Freedom" directive, which significantly rolls back the net neutrality protections established in 2015, became effective upon its publication in the Federal Register.

Though the order was posted on Thursday morning and might appear to mark a conclusion, it actually triggers the start of a nationwide legal and political struggle involving ordinary citizens, state attorneys general, governors, and senators — all opposing what many view as a misguided, technically flawed, and widely rejected regulation.

Not much has shifted since the December vote, which was preceded by heated exchanges between supporters and detractors. I won't repeat those points here — you can find a summary of typical arguments and rebuttals elsewhere. For now, it's enough to note that the rule appears driven by dubious motives, rests on insufficient research, and strips away essential safeguards despite opposition from millions of Americans.

After the vote and subsequent finalization earlier this year, the rule was forwarded to the Federal Register for formal entry and enforcement.

Protesters gathered in front of the FCC headquarters on the voting day (December 14).

Before this date, various actions planned or even declared by those opposing the rule could not proceed because the regulation was not yet legally active. For instance, a state cannot claim its laws are violated by a rule until that rule has official legal standing.

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As of today, the net neutrality repeal is legally in effect, and we can expect numerous legal challenges and countermeasures across the nation.

For a detailed look at what comes next, see [link]; but the key immediate strategies include:

• Congressional Review Act. Senate Democrats have more than enough votes to compel a vote on nullifying the rule. Although it has no chance of surviving a presidential veto, it will require every legislator to publicly state their position. This is valuable for making net neutrality a key issue in the midterm elections.
• Administrative Procedure Act. Strong arguments exist that the FCC's adoption process violated the APA's ban on "arbitrary and capricious" rulemaking. The comment system hack, absence of public hearings, disregard for expert opinions and elected officials' objections — these could collectively sway a court. This line of attack is being pursued by multiple parties in a lawsuit led by the New York attorney general.
• State law preemption. Several states and municipalities already have or are preparing their own net neutrality rules. They will contend that by repealing Title II — the legal basis for nationwide net neutrality enforcement — the FCC weakened its own authority, making it unable to enforce its new rules or override state-level regulations.

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Additional lawsuits from corporations, advocacy groups, and private citizens may pursue different strategies, such as seeking injunctions to block enforcement or otherwise bogging the rule down in litigation. The specifics will emerge as cases are filed, but expect multiple such challenges.

What can individuals do? Not a lot alone — have you ever tried to dismantle a federal regulation single-handedly? Neither have I. Keep contacting your representatives to voice your stance, ensuring the issue stays prominent in public discourse. A lasting resolution will require clear legislation, which is a distant objective — likely not until 2020.

Also, monitor your internet and mobile service providers and report any questionable behavior. Even ISPs that strongly oppose net neutrality are unlikely to take overt action while the rule faces legal challenges. If the rule is struck down and the 2015 protections are reinstated, it benefits them to seem as though they never exploited the situation.

Expect noteworthy developments as the day progresses — stay tuned for updates.