2019 Outlook: Net Neutrality ‘Ping Pong’ Battle to Rage On

The network neutrality fight will continue playing out in federal court and the states in 2019, against the backdrop of a divided Congress that’s unlikely to settle the debate. The DC Circuit is likely to rule in Mozilla Corp. v. Federal Communications Commission in late spring or summer. The court may decide the fate of the repeal of Obama-era rules, and whether states can enact net neutrality laws in defiance of the FCC. Four states have enacted laws reinstating net neutrality protections since the FCC’s repeal. FCC Chairman Ajit Pai says the state laws are illegal.

The ruling is likely to set in motion a new round of appeals and lawsuits that could drag on for years, renewing pressure on Congress to settle the net neutrality question for good. But Republican and Democratic lawmakers disagree about how heavily to regulate ISPs. Democrats plan to use their House majority to intensify scrutiny of the FCC’s repeal through oversight hearings with FCC commissioners, rather than seeking a legislative compromise. GOP lawmakers have drafted their own proposals on net neutrality. But Democrats say they don’t go far enough to curtail the potential for ISPs to manipulate internet traffic on their networks.