Senate Democrats close to winning majority backing to reverse net neutrality rollback

Attorney General Mark Herring

Attorney General Mark Herring

The attorneys general of 22 states - including New York, California, Kentucky, and MS - are suing over the repeal of net neutrality regulations.

Citing the Administrative Procedure Act, Miller states the FCC can not make "arbitrary and capricious" changes to existing policies, such as net neutrality.

Democrats need to convince just one more Republican to join the effort in the Senate. A group of state attorneys general immediately vowed to sue.

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"While we believe that under the best reading of the rules the FCC's Order is not ripe for challenge until it is published in the Federal Register, in the past the judicial lottery-which determines which appellate court will hear a challenge to an FCC action-has been run based on premature petitions". It would 218 total votes to pass in the House of Representatives.

Annie Clark, Collins' spokeswoman, the Hill last week, "Senator Collins does not support the FCC's recent decision to repeal net neutrality rules, and she will support Senator Markey's legislation that would overturn the FCC's vote". Chuck Schumer, the minority leader, said in a tweet.

Democrats in the Senate will force a vote on a simple repeal of the FCC's repeal, using the same law, the Congressional Review Act, that Congress used to undo the Obama-era internet privacy rules. Providers are barred from deliberately speeding up or slowing down traffic from specific websites, and from putting their own content at an advantage over rivals. "It's clear that Democrats are committed to fighting to keep the Internet from becoming the Wild West where ISPs [Internet service providers] are free to offer premium service to only the wealthiest customers while average consumer are left with far inferior options".

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House Energy and Commerce Committee Chairman Greg Walden, a Republican, said in an interview Tuesday he planned to hold a hearing on paid prioritization.

He said he does not believe a vote to overturn the FCC decision would get a majority in the U.S. House.

Sen. Ed Markey, a Democrat representing MA, announced Tuesday that 50 senators have now signed on to a resolution that would overrule the FCC decision and restore the net neutrality rules.

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