Net neutrality update: FCC proposition will restrict states from passing their own net neutrality laws

Federal Communications Commission Chairman Ajit Pai, seen here delivering a speech in Barcelona, Spain. Reuters/Eric Gaillard

Recently, Chairman Ajit Pai of the Federal Communications Commission (FCC) proposed a vote on rules that threaten to end net neutrality. After news of the upcoming vote broke, individual cities and states tried to find ways to attempt to preserve net neutrality, at least at the local level. However, these efforts will be for naught if the final draft of the new proposition is to be followed. The final draft from the FCC says that they will not allow cities and states to pass individual laws that contradict with the FCC's own.

This was stated in a 210-page draft officially released by the FCC itself, a document that covers the net neutrality-ending proposition in its entirety. In it, there is a part dedicated to the "Preemption of Inconsistent State and Local Regulations" (Part III.E.7, page 109).

In item 191 of the draft (page 110), the proposition states that it will "preempt any state or local measures" that contradicts or is not in line with the guidelines and policies stated in the proposal itself.

Under the proposition, it was made clear that local rules or requirements that the FCC have "repealed or decided to refrain from imposing" must not exist. Anything "that would impose more stringent requirements for any aspect of broadband service" because of the imposition such rules or requirements will also be against the regulation.

This section of the proposal makes sense. Rules that persist across states help Internet Service Providers (ISP) because, from a service standpoint, they are an interstate entity. Custom-tweaking service packages for each state, only to comply with state-specific laws, would add difficulty for the companies that provide service.

On the other hand, there are many people who are opposed to the new proposition, proponents of the net neutrality rules currently in place. These are the people who question whether the FCC actually has the authority to prohibit states from making their own laws.

Nevertheless, the draft is evident in its intention to be the be-all-end-all guide on how ISPs will provide their services. Voting for the new proposition will take place on Dec. 14.

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