C&RL News March 2018 150

Ellen Satter white is ALA Washington O ffice for 
I n fo r m a t i o n  Te c h n o l o g y  p o l i c y  fe l l o w,  e m a i l : 
esatterwhite@glenechogroup.com

W a s h i n g t o n  H o t l i n eEllen Satterwhite

FCC’s repeal of net neutrality: what’s 
next?
On December 14, a majority of the Federal 
Communications Commission (FCC) voted 
to gut net neutrality protections limiting the 
power of Internet Service Providers (ISPs) 
to block, slow down, or assign preference 
to some online content and services over 
others. This 3-2 vote to roll back strong, en-
forceable net neutrality protections passed 
in 2015 was made in the face of widespread 
protests; millions of public comments; and 
overwhelming opposition from across the 
political spectrum, including ALA and its 
members responding to grassroots action 
alerts.

This FCC decision opens the door for very 
different experiences of the Internet—for 
content consumers and creators—including 
for libraries and the patrons they serve. But 
for now, these changes are likely further in 
the future. The country’s largest ISPs have 
told customers they will not see a change in 
how they experience the web. But the FCC 
vote is not the final word on this issue: other 
decision-makers are taking action to preserve 
net neutrality.

Action in Congress
Right after the vote, members of Congress 
announced their intent to attempt to nullify 
the FCC’s actions. The Congressional Review 
Act (CRA) gives Congress the ability and au-
thority to review a new agency regulation 
and pass a joint resolution to overrule it. A 
CRA would repeal the latest FCC order and 
restore 2015 net neutrality protections, but is 
subject to presidential approval. CRA will be 
officially introduced after the new FCC order 
is published in the Federal Register. As of 

this writing, 50 senators have stated support 
for a CRA, and only one more vote will be 
needed to pass it. 

Action in the courts
Just hours after the FCC vote, 187 state at-
torneys general announced they would be 
taking the FCC to court. “There is a strong 
legal argument that with this action, the fed-
eral government violated the Administrative 
Procedure Act,” Washington state Attorney 
General Bob Ferguson said in his statement. 
So far, a group of attorneys general for 21 
states and the District of Columbia have 
sued to block the rules. So did Mozilla, the 
maker of the Firefox browser, and several 
public interest groups. Others may file suit 
as well, and a major tech-industry lobbying 
group has said it will support litigation.

Action in the states
In addition to legal action, several states and 
localities have indicated they would like to 
hold ISPs accountable for ensuring a neu-
tral net for consumers in their areas. It is 
still very early, some suggestions are not yet 
formal legislative proposals. Others, like the 
state of Montana, have executive orders an-
nouncing the state’s intention to enforce net 
neutrality rules within their borders. 

Library advocates can help by signing up 
for action alerts from ALA’s Washington Of-
fice, so we can reach you quickly when direct 
action is needed. Right now, you can email 
your members of Congress and ask them to 
use a Joint Resolution of Disapproval under 
the CRA to repeal the recent FCC action 
and restore the 2015 Open Internet Order 
protections.

One way to stay informed is by following 
the Washington Office blog District Dispatch, 
where we will continue to update you on 
developments as we work together to pre-
serve a neutral Internet. 

mailto:esatterwhite%40glenechogroup.com?subject=