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pnwmom

(108,980 posts)
Thu Dec 14, 2017, 11:39 PM Dec 2017

WA's Gov. Jay Inslee announces that WA will enforce net neutrality, no matter what

Last edited Fri Dec 15, 2017, 12:15 AM - Edit history (4)

the FCC decides.

Democrats are in control of both houses of our legislature -- but members of both parties are preparing legislation to protect net neutrality.

And a court case in 2016 that disappointed net neutrality proponents at the time will HELP the Dems in WA state defy the new FCC decision, because it supported a "states rights" point of view.

http://www.spokesman.com/stories/2017/dec/13/washington-will-keep-net-neutrality-in-state-if-fc/

If the commission approves the current draft rules, or something close to them, Washington will try to keep ISPs that offer service inside its borders from changing, Inslee said.

The state could bring consumer protection actions against ISPs that take those steps, could refuse to contract with those that aren’t net neutral, or could ask the Utilities and Transportation Commission to deny them access to utility poles and work with public utility districts to provide internet service in areas they serve, he said.

Reps. Drew Hansen, D-Bainbridge Island, and Norma Smith, R-Clinton, are each preparing legislation for the coming session that would offer net neutrality protections to Washington consumers if the FCC changes the national rules. Smith said that if the phone and cable companies truly support an open internet they should not object to the legislation.


Sen. Manka Dhingra, D-Redmond, newly elected from the district that contains Microsoft and many other tech companies, said she is working on legislation to make sure Washington remains a good place for tech start-ups “to thrive and grow.”

Sarah Bird, chief executive officer of the Seattle-based internet marketing and analytics company Moz.com, said smaller tech companies might be shut out of the preferable rates and faster speeds that ISPs will offer the largest companies. “You’re going to have ghetto-ized internet,” she predicted.


FROM 2016, when the FCC was supporting net neutrality and some states were not:

https://www.washingtonpost.com/news/the-switch/wp/2016/08/10/the-government-just-lost-a-big-court-battle-over-public-internet-service/?utm_term=.722ac7e2f91b

Federal regulators just suffered a major setback in their efforts to help cities build Internet services that compete with large providers such as Comcast and Time Warner Cable.

In a federal-court decision Wednesday, the Federal Communications Commission was told that it doesn't have the power to block state laws that critics say hinder the spread of cheap, publicly run broadband service.

SNIP

Last year, EPB and other so-called municipal broadband providers asked the FCC to intervene on their behalf, and the agency agreed. Invoking a part of its congressional charter that it said would allow it to act against the states, the FCC tried to neutralize those state laws. The states responded by suing the agency, claiming it had no right to come between the historical relationship between states and the cities within their jurisdiction. This week's ruling, then, rolls back the federal government's attempt to intervene.

SNIP

"In my statement last year dissenting from the commission's decision, I warned that the FCC lacked the power to preempt these Tennessee and North Carolina laws, and that doing so would usurp fundamental aspects of state sovereignty," said Republican FCC Commissioner Ajit Pai. "I am pleased that the Sixth Circuit vindicated these concerns."

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onenote

(42,714 posts)
2. Not sure how they can do that. The FCC order preempts state and local regulation.
Thu Dec 14, 2017, 11:56 PM
Dec 2017

That part of the FCC order will be challenged, but there's a reasonable chance that it would be upheld.

pnwmom

(108,980 posts)
4. He is free to withhold state contracts from whomever he wants.
Fri Dec 15, 2017, 12:01 AM
Dec 2017

And he is also free to work with cities/counties to promote public alternatives to private internet providers. In other states, municipalities have been doing that. We could do that as a state.

P.S. I added an article to the OP explaining how in 2016 a court ruled against the FCC (then trying to uphold net neutrality) saying that the FCC didn't have the power to interfere in the relations of states and their municipalities.

onenote

(42,714 posts)
5. Whether he can withhold state contracts on grounds contrary to federal policy
Fri Dec 15, 2017, 01:06 AM
Dec 2017

is debatable. And the court case you reference contains the following, rather relevant final paragraph:

Our holding today is a limited one. .... we need not, and do not, address a number of legal issues debated by the parties, including (1) whether § 706 provides the FCC any preemptive power at all, (2) whether Congress, if it is clear enough, could give the FCC the power to preempt as it did in this case, (3) whether, if the FCC had such power, its exercise of it was arbitrary or capricious in this case, and (4) whether and to what extent the clear statement rule would apply to FCC preemption if a State required its municipality to act contrary to otherwise valid FCC regulations.

The FCC preempting state regulation is different than the FCC involving itself in the relationship between states and municipalities.

pnwmom

(108,980 posts)
6. Right. The holding didn't say that the FCC has any preemptive power or whether Congress
Fri Dec 15, 2017, 01:36 AM
Dec 2017

could give it preemptive power.

So it's better than if the Court had ruled that the FCC DID have preemptive power.

nolabear

(41,987 posts)
11. Its got its charms. And a buttload of tech and money.
Fri Dec 15, 2017, 03:13 AM
Dec 2017

Net neutrality is very popular here. 45, not so much.

iluvtennis

(19,863 posts)
12. Used to travel to Seattle (Boeing) quite a bit back in the 80s when I worked in the aerospace
Fri Dec 15, 2017, 03:24 AM
Dec 2017

industry. Except for the rain , always liked it.

nolabear

(41,987 posts)
13. Its SO different now. I dont freak out like some but that boom is crazy.
Fri Dec 15, 2017, 11:36 AM
Dec 2017

Immigrating here after growing up in bayou country was an interesting culture shock. It’s so easy. No weather extremes, no poisonous plants or snakes, but it’s a little lacking in the juiciness extremes give life. People can be smug in their liberal ness. And the Long Dark almost kills me every fall/winter/spring.

That said, I’m just as happy to have lived here if I couldn’t be back in New Orleans.

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